reglab/statecodes huggingface dataset:
2023 Utah Code › Title 20A - Election Code › Chapter 1 - General Provisions › Part 5 - Candidate Vacancy and Vacancy and Temporary Absence in Elected Office › Section 506 - Vacancy in the office of justice court judge.

Effective 5/8/2018
20A-1-506.
Vacancy in the office of justice court judge.
(1) As used in this section:
(a) "Appointing authority" means:
(i) for a county:
(A) the chair of the county commission in a county having the county commission or expanded county commission form of county government; and
(B) the county executive in a county having the county executive-council form of government; and
(ii) for a city or town, the mayor of the city or town.
(b) "Local legislative body" means:
(i) for a county, the county commission or county council; and
(ii) for a city or town, the council of the city or town.
(2)
(a) If a vacancy occurs in the office of a municipal justice court judge before the completion of the judge's term of office, the appointing authority:
(i) shall fill the vacancy by following the procedures and requirements for appointments in Section 78A-7-202; and
(ii) may contract with a justice court judge of the county, an adjacent county, or another municipality within those counties for judicial services until the vacancy is filled.
(b) The appointing authority shall notify the Administrative Office of the Courts in writing of an appointment of a municipal justice court judge under this section within 30 days after the appointment is made.
(3)
(a) If a vacancy occurs in the office of a county justice court judge before the completion of the judge's term of office, the appointing authority shall fill the vacancy by following the procedures and requirements for appointments in Section 78A-7-202.
(b) The appointing authority shall notify the Administrative Office of the Courts in writing of an appointment of a county justice court judge under this section within 30 days after the appointment is made.
(4)
(a) When a vacancy occurs in the office of a justice court judge, the appointing authority shall:
(i) advertise the vacancy and solicit applications for the vacancy;
(ii) appoint the best qualified candidate to office based solely upon fitness for office;
(iii) comply with the procedures and requirements of Title 52, Chapter 3, Prohibiting Employment of Relatives, in making appointments to fill the vacancy; and
(iv) submit the name of the appointee to the local legislative body.
(b) If the local legislative body does not confirm the appointment within 30 days of submission, the appointing authority may either appoint another of the applicants or reopen the vacancy by advertisement and solicitations of applications.
Amended by Chapter 25, 2018 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 1 - General Provisions › Part 5 - Candidate Vacancy and Vacancy and Temporary Absence in Elected Office › Section 509 - Definitions applicable to Sections 20A-1-509.1, 20A-1-509.2, and 20A-1-509.3.

20A-1-509.
Definitions applicable to Sections 20A-1-509.1, 20A-1-509.2, and 20A-1-509.3.
As used in Sections 20A-1-509.1, 20A-1-509.2, and 20A-1-509.3:
(1) "County clerk" means:
(a) for a single county, the county clerk of that county; and
(b) for a prosecution district, the county clerk of the most populous county within the prosecution district.
(2) "County legislative body" includes each legislative body with the power to participate in the selection of a district attorney as provided in the interlocal prosecution district agreement.
Repealed and Re-enacted by Chapter 139, 1997 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 1 - General Provisions › Part 5 - Candidate Vacancy and Vacancy and Temporary Absence in Elected Office › Section 509.3 - Procedure for making interim replacement.

Effective 3/3/2022
20A-1-509.3.
Procedure for making interim replacement.
(1) Until the vacancy is filled as provided in Section 20A-1-509.1 or 20A-1-509.2 and the new county attorney or district attorney has qualified, the county legislative body may appoint an interim replacement to fill the vacant office by following the procedures and requirements of this Subsection (1).
(a) The county legislative body shall appoint a deputy county or district attorney to serve as acting county or district attorney if there are at least three deputies in the office that has the vacancy.
(b) The county legislative body may contract with any member of the Utah State Bar in good standing to be acting county or district attorney if:
(i) there are not at least three deputies in the office that has the vacancy; or
(ii) there are three or more deputies in the office but none of the deputies is willing to serve.
(2) An individual appointed as interim replacement under this section shall hold office until a successor is selected and has qualified.
Amended by Chapter 18, 2022 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 1 - General Provisions › Part 5 - Candidate Vacancy and Vacancy and Temporary Absence in Elected Office › Section 510.1 - Candidate vacancies in local office.

Effective 5/8/2018
20A-1-510.1.
Candidate vacancies in local office.
(1) A vacancy that occurs in a candidacy for an elected office in a local political subdivision may be filled in accordance with the requirements of this section if:
(a) a nonpartisan primary election is held for the office;
(b) the vacancy occurs after the date of the primary election but before:
(i) for a county office, August 31; or
(ii) for all other offices, 65 days before the day of the applicable general election; and
(c) after the vacancy occurs, the number of remaining candidates for the office is less than or equal to the number of open positions to be filled for that office in the applicable general election.
(2) An election officer shall:
(a) fill a candidate vacancy described in Subsection (1) by certifying the next available candidate for the office for the general election ballot who received the highest number of votes in the primary election without receiving a sufficient number of votes to qualify for the general election ballot; and
(b) immediately notify the candidate described in Subsection (2)(a) that the candidate is certified for the general election ballot.
Enacted by Chapter 365, 2018 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 1 - General Provisions › Part 5 - Candidate Vacancy and Vacancy and Temporary Absence in Elected Office › Section 511 - Midterm vacancy on a local school board.

Effective 5/12/2020
20A-1-511.
Midterm vacancy on a local school board.
(1)
(a) A local school board shall fill a vacancy on the local school board by appointment, except as otherwise provided in Subsections (1)(b) and (2).
(b) The county legislative body, or municipal legislative body in a city district, shall fill a vacancy on a local school board by appointment if the local school board fails to make an appointment to fill the vacancy:
(i) except as provided in Subsection (1)(b)(ii), within 30 days after a vacancy occurs on the local school board; or
(ii) within 45 days after a vacancy occurs on the local school board due to the death of a local school board member.
(c) A member appointed and qualified under this Subsection (1) shall serve until a successor is elected or appointed and qualified.
(2)
(a) A vacancy on the board shall be filled by an interim appointment, followed by an election to fill a two-year term if:
(i) the vacancy on the board occurs, or a letter of resignation is received by the board, at least 14 days before the deadline for filing a declaration of candidacy; and
(ii) two years of the vacated term will remain after the first Monday of January following the next school board election.
(b) A member elected under this Subsection (2) shall serve for the remaining two years of the vacated term and until a successor is elected and qualified.
(3) Before appointing an individual to fill a vacancy under this section, the local school board shall:
(a) give public notice of the vacancy at least two weeks before the local school board meets to fill the vacancy;
(b) identify, in the public notice:
(i) the date, time, and place of the meeting where the vacancy will be filled; and
(ii) the person to whom and the date and time before which an individual interested in being appointed to fill the vacancy may submit the individual's name for consideration; and
(c) in an open meeting, interview each individual whose name is submitted for consideration and who meets the qualifications for office, regarding the individual's qualifications.
(4)
(a) Subject to Subsection (4)(b), a local school board may appoint an individual to fill a vacancy described in Subsection (1) or (2) before the vacancy occurs if a member of the local school board submits a letter of resignation.
(b) An individual appointed under Subsection (4)(a) may not take office until on or after the day on which the vacancy occurs for which the individual is appointed.
(c) A member of a local school board who submits a letter of resignation under Subsection (4)(a) may not rescind the resignation after the local school board makes an appointment to fill the vacancy created by the resignation.
Amended by Chapter 271, 2020 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 1 - General Provisions › Part 5 - Candidate Vacancy and Vacancy and Temporary Absence in Elected Office › Section 512 - Midterm vacancies on local district boards -- Notice.

Effective 5/3/2023
20A-1-512.
Midterm vacancies on local district boards -- Notice.
(1)
(a) When a vacancy occurs on any special district board for any reason, the following shall appoint a replacement to serve out the unexpired term in accordance with this section:
(i) the special district board, if the person vacating the position was elected; or
(ii) the appointing authority, as that term is defined in Section 17B-1-102, if the appointing authority appointed the person vacating the position.
(b) Except as provided in Subsection (1)(c) or (d), before acting to fill the vacancy, the special district board or appointing authority shall:
(i) give public notice of the vacancy for at least two weeks before the special district board or appointing authority meets to fill the vacancy by publishing the notice, as a class A notice under Section 63G-30-102, for the special district; and
(ii) identify, in the notice:
(A) the date, time, and place of the meeting where the vacancy will be filled;
(B) the individual to whom an individual who is interested in an appointment to fill the vacancy may submit the individual's name for consideration; and
(C) any submission deadline.
(c) An appointing authority is not subject to Subsection (1)(b) if:
(i) the appointing authority appoints one of the appointing authority's own members; and
(ii) that member meets all applicable statutory board member qualifications.
(d) When a vacancy occurs on the board of a water conservancy district located in more than one county:
(i) the board shall give notice of the vacancy to the county legislative bodies that nominated the vacating trustee as provided in Section 17B-2a-1005;
(ii) the county legislative bodies described in Subsection (1)(d)(i) shall collectively compile a list of three nominees to fill the vacancy; and
(iii) the governor shall, with the advice and consent of the Senate, appoint an individual to fill the vacancy from nominees submitted as provided in Subsection 17B-2a-1005(2)(c).
(2) If the special district board fails to appoint an individual to complete an elected board member's term within 90 days, the legislative body of the county or municipality that created the special district shall fill the vacancy in accordance with the procedure for a special district described in Subsection (1)(b).
Amended by Chapter 15, 2023 General Session
Amended by Chapter 435, 2023 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 1 - General Provisions › Part 6 - Election Offenses - Generally › Section 601 - Bribery in elections -- Paying for votes -- Penalties.

Effective 5/12/2020
20A-1-601.
Bribery in elections -- Paying for votes -- Penalties.
(1) A person may not, directly, indirectly, or through any other person:
(a) pay, loan, or contribute, or offer or promise to pay, loan, or contribute any money or other valuable consideration to or for any voter or to or for any other person:
(i) to induce the voter to vote or refrain from voting at any election provided by law;
(ii) to induce any voter to vote or refrain from voting at an election for any particular person or measure;
(iii) to induce a voter to go to the polls or remain away from the polls at any election;
(iv) because a voter voted or refrained from voting for any particular person, or went to the polls or remained away from the polls; or
(v) to obtain the political support or aid of any person at an election;
(b) give, offer, or promise any office, place, or employment, or to promise or procure, or endeavor to procure, any office, place, or employment, to or for any voter, or to or for any other person, in order to:
(i) induce a voter to vote or refrain from voting at any election;
(ii) induce any voter to vote or refrain from voting at an election for any particular person or measure; or
(iii) obtain the political support or aid of any person;
(c) advance or pay, or cause to be paid, any money or other valuable thing to, or for the use of, any other person with the intent that the money or other valuable thing be used in bribery at any election provided by law; or
(d) knowingly pay, or cause to be paid, any money or other valuable thing to any person in discharge or repayment of any money expended wholly or in part in bribery at any election.
(2) In addition to the penalties established in Subsections 20A-1-609(2) and (3), a person who commits an offense under Subsection (1) is guilty of a third degree felony.
Amended by Chapter 31, 2020 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 1 - General Provisions › Part 6 - Election Offenses - Generally › Section 602 - Receiving bribe -- Receiving payments for votes -- Penalties.

Effective 5/12/2020
20A-1-602.
Receiving bribe -- Receiving payments for votes -- Penalties.
(1) A person may not, for the person or for any other person, directly or indirectly, or through any person, before, during, or after any election:
(a) receive, agree to receive, or contract for any money, gift, loan, or other valuable consideration, office, place, or employment for:
(i) voting or agreeing to vote;
(ii) going or agreeing to go to the polls;
(iii) remaining or agreeing to remain away from the polls; or
(iv) refraining or agreeing to refrain from voting, or for voting or agreeing to vote, or refraining or agreeing to refrain from voting, for any particular person or measure at any election provided by law; or
(b) receive any money or other valuable thing because the person induced any other person to:
(i) vote or refrain from voting; or
(ii) vote or refrain from voting for any particular person or measure at any election provided by law.
(2) In addition to the penalties established in Subsections 20A-1-609(2) and (3), a person who commits an offense under Subsection (1) is guilty of a third degree felony.
Amended by Chapter 31, 2020 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 1 - General Provisions › Part 6 - Election Offenses - Generally › Section 604 - Destroying or altering voter instructions, sample ballots, or election paraphernalia -- Penalties.

Effective 5/4/2022
20A-1-604.
Destroying or altering voter instructions, sample ballots, or election paraphernalia -- Penalties.
(1) A person may not, without lawful authority granted by an election officer:
(a) willfully alter, deface, or destroy any list of candidates posted in accordance with the provisions of this title;
(b) willfully alter, deface, tear down, remove or destroy any voter instructions or sample ballot, printed or posted for the instruction of voters during an election;
(c) willfully alter, remove, or destroy any of the supplies or conveniences furnished to enable a voter to prepare the voter's ballot during an election; or
(d) willfully hinder the voting of others.
(2) In addition to the penalties established in Subsections 20A-1-609(2) and (3), a person who commits an offense under Subsection (1) is guilty of an infraction.
Amended by Chapter 170, 2022 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 1 - General Provisions › Part 6 - Election Offenses - Generally › Section 605 - Mutilating certificate of nomination -- Forging declination or resignation -- Tampering with ballots.

Effective 5/12/2020
20A-1-605.
Mutilating certificate of nomination -- Forging declination or resignation -- Tampering with ballots.
(1) It is unlawful for any person to:
(a) falsely mark or willfully deface or destroy:
(i) any certificate of nomination or any part of a certificate of nomination; or
(ii) any letter of declination or resignation;
(b) file any certificate of nomination or letter of declination or resignation knowing it, or any part of it, to be falsely made;
(c) suppress any certificate of nomination, or letter of declination or resignation, or any part of a certificate of nomination or letter of declination or resignation that has been legally filed;
(d) forge any letter of declination or resignation;
(e) falsely make the official endorsement on any ballot;
(f) willfully destroy or deface any ballot;
(g) willfully delay the delivery of any ballots;
(h) examine any ballot offered or cast at the polls or found in any ballot box or ballot drop box for any purpose other than to determine which candidate was elected; and
(i) make or place any mark or device on any ballot in order to determine the name of any person for whom the elector has voted.
(2) In addition to the penalties established in Subsections 20A-1-609(2) and (3), any person convicted of any of the offenses established by this section is guilty of a class A misdemeanor.
Amended by Chapter 31, 2020 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 1 - General Provisions › Part 6 - Election Offenses - Generally › Section 606 - Wagering on elections forbidden.

Effective 3/1/2018
20A-1-606.
Wagering on elections forbidden.
(1)
(a) A candidate may not, before or during any primary or election campaign:
(i) make any bet or wager anything of pecuniary value on the result of the primary or election, or on any event or contingency relating to any pending primary or election;
(ii) become a party to any bet or wager on the result of a primary or election or on any event or contingency relating to any pending primary or election; and
(iii) provide money or any other valuable thing to be used by any other person in betting or wagering upon the results of any impending primary or election.
(b) In addition to the penalties established in Subsections 20A-1-609(2) and (3), a person who commits an offense under Subsection (1) is guilty of a third degree felony.
(2)
(a) A person who is not a candidate may not make any bet or wager anything of pecuniary value on the result of any primary or election, or on any event or contingency relating to any primary or election.
(b) In addition to the penalties established in Subsections 20A-1-609(2) and (3), a person who commits an offense under Subsection (2)(a) is guilty of a class B misdemeanor.
(3)
(a) A person may not directly or indirectly make a bet or wager with any voter that is dependent upon the outcome of any primary or election with the intent to subject that voter to the possibility of challenge at a primary or election or to prevent the voter from voting at a primary or election.
(b) In addition to the penalties established in Subsections 20A-1-609(2) and (3), a person who commits an offense under Subsection (3)(a) is guilty of a class B misdemeanor.
Amended by Chapter 19, 2018 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 1 - General Provisions › Part 6 - Election Offenses - Generally › Section 607 - Inducing attendance at polls -- Payment of workers.

Effective 5/12/2020
20A-1-607.
Inducing attendance at polls -- Payment of workers.
(1)
(a) It is unlawful for a person to pay another for a loss incurred because an individual voted or registered to vote.
(b) Subsection (1)(a) does not permit an employer to make a deduction from the usual salary or wages of an employee who takes a leave of absence as authorized under Section 20A-3a-105 for the purpose of voting.
(2)
(a) A person may not pay for personal services performed or to be performed on the day of a caucus, primary, convention, or election, or for any purpose connected with a caucus, primary, convention, or election that directly or indirectly affect the result of the caucus, primary, convention, or election.
(b) Subsection (2)(a) does not prohibit a person from hiring a person to act as a watcher.
Amended by Chapter 31, 2020 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 1 - General Provisions › Part 6 - Election Offenses - Generally › Section 608 - Promises of appointment to office forbidden.

Effective 3/3/2022
20A-1-608.
Promises of appointment to office forbidden.
(1) An individual may not, in order to aid or promote the individual's nomination or election, directly or indirectly appoint or promise to appoint an individual or secure or promise to secure, or aid in securing the appointment, nomination, or election of an individual to any public or private position or employment, or to any position of honor, trust, or emolument.
(2) Nothing contained in this section prevents:
(a) a candidate from stating publicly the candidate's preference for, or support of, any other candidate for any office to be voted for at the same primary or election; or
(b) a candidate for any office in which the individual elected will be charged with the duty of participating in the election or nomination of an individual as a candidate for any office from publicly stating or pledging the candidate's preference for, or support of, an individual for that office or nomination.
Amended by Chapter 18, 2022 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 1 - General Provisions › Part 6 - Election Offenses - Generally › Section 609 - Omnibus penalties.

Effective 1/1/2023
20A-1-609.
Omnibus penalties.
(1)
(a) Except as provided in Subsection (1)(b), a person who violates any provision of this title is guilty of a class B misdemeanor.
(b) Subsection (1)(a) does not apply to a provision of this title for which another penalty is expressly stated.
(c) An individual is not guilty of a crime for, by signing a petition for an initiative or referendum, falsely making the statement described in Subsection 20A-7-203(3)(d)(xx), 20A-7-303(3)(d)(xx), 20A-7-503(3)(d)(xx), or 20A-7-603(3)(d)(xx).
(2) Except as provided by Section 20A-2-101.3 or 20A-2-101.5, an individual convicted of any offense under this title may not:
(a) file a declaration of candidacy for any office or appear on the ballot as a candidate for any office during the election cycle in which the violation occurred;
(b) take or hold the office to which the individual was elected; and
(c) receive the emoluments of the office to which the individual was elected.
(3)
(a) Any individual convicted of any offense under this title forfeits the right to vote at any election unless the right to vote is restored as provided in Section 20A-2-101.3 or 20A-2-101.5.
(b) Any person may challenge the right to vote of a person described in Subsection (3)(a) by following the procedures and requirements of Section 20A-3a-803.
Amended by Chapter 325, 2022 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 1 - General Provisions › Part 6 - Election Offenses - Generally › Section 610 - Abetting violation of chapter -- Penalty.

Effective 3/1/2018
20A-1-610.
Abetting violation of chapter -- Penalty.
In addition to the penalties established in Subsections 20A-1-609(2) and (3), any person who aids, abets, or advises a violation of any provision of this title is guilty of a class B misdemeanor, unless another penalty is specifically provided.
Amended by Chapter 19, 2018 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 1 - General Provisions › Part 6 - Election Offenses - Generally › Section 611 - Cost of defense of action.

Effective 3/3/2022
20A-1-611.
Cost of defense of action.
Nothing contained in this chapter prevents any candidate from employing counsel to represent the candidate in any action or proceeding affecting the candidate's rights as a candidate or from paying all costs and disbursements arising from that representation.
Amended by Chapter 18, 2022 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 1 - General Provisions › Part 7 - Prosecuting and Adjudicating Election Offenses › Section 701 - Prosecutions -- Venue.

20A-1-701.
Prosecutions -- Venue.
Violations of the provisions of this title concerning expenditure of money or making contributions or providing services may be prosecuted in the county where the expenditure or contribution was made, or where the services were provided, or in any county where the money was paid or distributed.
Enacted by Chapter 1, 1993 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 1 - General Provisions › Part 7 - Prosecuting and Adjudicating Election Offenses › Section 705 - Supplemental judgment after criminal conviction.

20A-1-705.
Supplemental judgment after criminal conviction.
(1)
(a) If any person, in a criminal action, is found guilty of any violation of this chapter while a candidate for the offices of governor, lieutenant governor, state auditor, state treasurer, or attorney general, the court, after entering the finding of guilt, shall:
(i) enter a supplemental judgment declaring that person to have forfeited the office; and
(ii) transmit a transcript of the supplemental judgment to the state auditor.
(b) Upon issuance of the order, the office is vacant and shall be filled as provided by this chapter.
(2)
(a) If any person, in a similar action, is found guilty of any violation of this chapter committed while a member of the personal campaign committee of any candidate for the offices of governor, lieutenant governor, state auditor, state treasurer, or attorney general, the court before which the action is tried shall, immediately after entering the finding of guilt:
(i) enter a supplemental judgment declaring the candidate to have forfeited the office; and
(ii) transmit a transcript of the supplemental judgment to the state auditor.
(b) Upon issuance of the order, the office is vacant and shall be filled as provided by this chapter.
(3) If any person, in a criminal action, is found guilty of any violation of this chapter, committed while a candidate for the office of state senator or state representative, the court, after entering the finding of guilt, shall transmit a certificate setting forth the finding of guilt to the presiding officer of the legislative body for which the person is a candidate.
Enacted by Chapter 1, 1993 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 1 - General Provisions › Part 8 - Civil Action for Election Code Violation › Section 802 - Definitions.

Effective 5/13/2014
20A-1-802.
Definitions.
As used in this part:
(1) "Bad faith" means that a person files a petition described in Subsection 20A-1-803(1):
(a) under circumstances where a reasonable person would not believe that the allegations are true; or
(b)
(i) within 60 days before an election that the candidate to which the petition relates will appear on the ballot; and
(ii) under circumstances where a reasonable person would not believe that the allegations constitute a significant violation of a provision of this title.
(2) "Defendant" means each person against whom an allegation is made in the verified petition described in Subsection 20A-1-803(1).
(3) "Receiving official" means:
(a) the lieutenant governor, unless the verified petition described in Section 20A-1-803 alleges a violation by the governor, the lieutenant governor, or an employee of the lieutenant governor's office; or
(b) the attorney general, if the verified petition described in Section 20A-1-803 alleges a violation by the governor, the lieutenant governor, or an employee of the lieutenant governor's office.
(4) "Reviewing official" means:
(a) except as provided in Subsection (4)(b), the receiving official; or
(b) the reviewing official appointed under Subsection 20A-1-803(3)(a), if the receiving official appoints another individual as the reviewing official under Subsection 20A-1-803(3)(a).
(5) "Significant violation" means:
(a) a violation that, if known by voters before the election, may have resulted in a candidate, other than the candidate certified as having won the election, winning the election; or
(b) a violation that, had the violation not occurred, may have resulted in a candidate, other than the candidate certified as having won the election, winning the election.
Enacted by Chapter 254, 2014 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 1 - General Provisions › Part 8 - Civil Action for Election Code Violation › Section 804 - Judgment and findings -- Appeal -- Criminal prosecution not affected by judgment.

Effective 5/13/2014
20A-1-804.
Judgment and findings -- Appeal -- Criminal prosecution not affected by judgment.
(1)
(a) Except as provided in Subsection (2), if the court finds that the candidate whose right to office is being challenged, the candidate's personal campaign committee, or a member of the candidate's personal campaign committee has committed a significant violation of any provision of this title, the judge shall enter an order:
(i) declaring void the election of the candidate to that office;
(ii) ousting and excluding the candidate from office; and
(iii) declaring the office vacant.
(b) A vacancy created by an order described in Subsection (1)(a) shall be filled as provided in this chapter.
(2)
(a) As it relates to a candidate for either house of the Legislature, if the court finds that the candidate, the candidate's personal campaign committee, or a member of the candidate's personal campaign committee has committed a significant violation of any provision of this title, the court shall:
(i) prepare and sign written findings of fact and conclusions of law relating to the violation; and
(ii) without issuing an order, transmit those findings and conclusions to the reviewing official.
(b) The reviewing official shall transmit the judge's findings and conclusions to the house of the Legislature for which the person is a candidate.
(3)
(a) A party may appeal the determination of the court in the same manner as appeals may be taken in civil actions.
(b) A judge may not issue an injunction suspending or staying the proceeding unless:
(i) application is made to the court or to the presiding judge of the court;
(ii) all parties receive notice of the application and the time for the hearing; and
(iii) the judge conducts a hearing.
(4) Any judgment or findings and conclusions issued as provided in this section may not be construed to bar or affect in any way any criminal prosecution of any candidate or other person.
Renumbered and Amended by Chapter 254, 2014 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 1 - General Provisions › Part 8 - Civil Action for Election Code Violation › Section 805 - Costs and attorney fees -- Other actions or remedies not foreclosed -- Grant of immunity.

Effective 5/13/2014
20A-1-805.
Costs and attorney fees -- Other actions or remedies not foreclosed -- Grant of immunity.
(1) If judgment is in favor of the plaintiff in a civil action brought under this part, the special counsel may petition the judge to recover the reviewing official's taxable costs and attorney fees against the person whose right to the office is contested.
(2) The judge may not award costs or attorney fees to the defendant, unless it appears that the petitioner filed the petition in bad faith.
(3) Nothing in this section may be construed to prohibit any other civil or criminal actions or remedies against alleged violators.
(4) In the event a witness asserts a privilege against self-incrimination, the special counsel may request a person described in Subsections 77-22b-1(1)(a)(i) through (iii) to compel testimony and the production of evidence from the witness pursuant to Title 77, Chapter 22b, Grants of Immunity.
Enacted by Chapter 254, 2014 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 1 - General Provisions › Part 8 - Civil Action for Election Code Violation › Section 806 - Special counsel on appeal.

Effective 5/13/2014
20A-1-806.
Special counsel on appeal.
If either party appeals the judgment of the trial court, the reviewing official shall appoint a person to appear as special counsel in the appellate court in the matter.
Enacted by Chapter 254, 2014 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 1 - General Provisions › Part 8 - Civil Action for Election Code Violation › Section 807 - Compensation of special counsel.

Effective 5/13/2014
20A-1-807.
Compensation of special counsel.
(1) The special counsel authorized by this chapter shall receive reasonable compensation for the special counsel's services.
(2) The compensation shall be audited by the reviewing official and paid out of the state treasury upon the written statement of the reviewing official that:
(a) the appointment has been made;
(b) the person appointed has faithfully performed the duties of special counsel; and
(c) the special counsel's bill is accurate and correct.
(3) Compensation for special counsel shall be audited and paid in the same manner as other claims against the state are audited and paid.
Renumbered and Amended by Chapter 254, 2014 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 1 - General Provisions › Part 8 - Civil Action for Election Code Violation › Section 808 - Transition clause.

Effective 5/13/2014
20A-1-808.
Transition clause.
Any petition that is filed or pending under this part on or after March 1, 2013, shall be subject to the provisions of this part, including any amendments to this part made by Senate Bill 289, passed in the 2013 General Session.
Renumbered and Amended by Chapter 254, 2014 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 1 - General Provisions › Part 9 - Removal of County Elected Officer › Section 901 - Definitions.

Effective 5/8/2018
20A-1-901.
Definitions.
As used in this part:
(1) "Applicable office" means the office held by the subject officer.
(2) "Mental capacity evaluation" means an evaluation by a qualified medical professional to determine whether the subject officer has the mental capacity to fulfill the essential functions of the applicable office, with or without reasonable accommodations.
(3) "Officer" means a county officer.
(4) "Results of the mental capacity evaluation" means a statement by the qualified medical professional who conducts the mental capacity evaluation that the subject officer:
(a) has the mental capacity to fulfill the essential functions of the applicable office, without reasonable accommodations;
(b) has the mental capacity to fulfill the essential functions of the applicable office, with specified reasonable accommodations; or
(c) lacks the mental capacity to fulfill the essential functions of the applicable office, with or without reasonable accommodations.
(5) "Subject officer" means the officer who is subject to proceedings under this part to determine whether the officer has the mental capacity to fulfill the essential functions of the officer's office, with or without reasonable accommodations.
(6) "Unanimous" means a vote of all members of a county legislative body where all members of the county legislative body, not including the subject officer, vote on the same side of the motion.
Enacted by Chapter 259, 2018 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 1 - General Provisions › Part 9 - Removal of County Elected Officer › Section 903 - Voluntary evaluation.

Effective 5/8/2018
20A-1-903.
Voluntary evaluation.
(1) This section does not apply to a county, unless the county:
(a) has adopted the ordinance described in Subsection 20A-1-902(1)(a)(i); and
(b) has at least five members on the county legislative body.
(2) At the end of the five-day period described in Subsection 20A-1-902(5)(b), if the subject officer agrees to the voluntary mental capacity evaluation option described in Subsection 20A-1-902(5)(b)(ii):
(a) the county legislative body and the subject officer shall mutually agree on a qualified medical professional to conduct the mental capacity evaluation; and
(b) the subject officer shall undergo the mental capacity evaluation within 15 calendar days after the day on which the subject officer agrees to undergo the mental capacity evaluation, or longer if the county legislative body and the subject officer agree to an extended period.
(3) Notwithstanding the provisions of Title 52, Chapter 4, Open and Public Meetings Act, any action taken by the county legislative body under Subsection (2) shall occur in a closed meeting.
(4) If the qualified medical professional concludes that the subject officer has the mental capacity to fulfill the essential functions of the applicable office, with or without reasonable accommodations:
(a) the county legislative body shall provide any necessary reasonable accommodations; and
(b) the subject officer may continue to function in the applicable office.
(5)
(a) If the qualified medical professional concludes that the subject officer lacks the mental capacity to fulfill the essential functions of the applicable office, with or without reasonable accommodations, the subject officer may resign from office.
(b) If the subject officer does not resign from office within five calendar days after the day on which the qualified medical professional makes the conclusion described in Subsection (5)(a), the county legislative body may, in an open meeting by unanimous vote, remove the subject officer from the applicable office.
Enacted by Chapter 259, 2018 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 1 - General Provisions › Part 10 - Petitions › Section 1002 - Verification of voter registration.

Effective 5/3/2023
20A-1-1002.
Verification of voter registration.
(1) A clerk shall use the following procedures to determine whether a signer of a petition is a registered voter and to determine the address where the voter is registered to vote:
(a) if a signer's name and address provided by the individual with the individual's petition signature exactly match a name and address shown on the official register and the signer's signature appears substantially similar to the signature on the statewide voter registration database, the clerk shall declare the signature valid for the district or jurisdiction in which the signer is registered to vote;
(b) if there is no exact match of an address and a name, the clerk shall declare the signature valid for the district or jurisdiction in which the signer is registered to vote, if:
(i) the address provided by the individual with the individual's petition signature matches the address of an individual on the official register with a substantially similar name; and
(ii) the signer's signature appears substantially similar to the signature on the statewide voter registration database of the individual described in Subsection (1)(b)(i);
(c) if there is no match of an address and a substantially similar name, the clerk shall declare the signature valid for the district or jurisdiction in which the signer is registered to vote if:
(i) the birth date or age provided by the individual with the individual's petition signature matches the birth date or age of an individual on the official register with a substantially similar name; and
(ii) the signer's signature appears substantially similar to the signature on the statewide voter registration database of the individual described in Subsection (1)(c)(i).
(2) If a signature is not declared valid under Subsection (1)(a), (b), or (c), the clerk shall declare the signature to be invalid.
Enacted by Chapter 116, 2023 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 2 - Voter Registration › Part 1 - General Voter Registration Requirements › Section 101 - Eligibility for registration.

Effective 2/27/2023
20A-2-101.
Eligibility for registration.
(1) Except as provided in Subsection (2), an individual may register to vote in an election who:
(a) is a citizen of the United States;
(b) has been a resident of Utah for at least the 30 days immediately before the election;
(c) will be:
(i) at least 18 years of age on the day of the election; or
(ii) if the election is a regular primary election, a municipal primary election, or a presidential primary election:
(A) 17 years of age on or before the day of the regular primary election, municipal primary election, or presidential primary election; and
(B) 18 years of age on or before the day of the general election that immediately follows the regular primary election, municipal primary election, or presidential primary election; and
(d) currently resides within the voting district or precinct in which the individual applies to register to vote.
(2)
(a)
(i) An individual who is involuntarily confined or incarcerated in a jail, prison, or other facility within a voting precinct is not a resident of that voting precinct and may not register to vote in that voting precinct unless the individual was a resident of that voting precinct before the confinement or incarceration.
(ii) An individual who is involuntarily confined or incarcerated in a jail or prison is a resident of the voting precinct in which the individual resided before the confinement or incarceration.
(b) An individual who has been convicted of a felony or a misdemeanor for an offense under this title may not register to vote or remain registered to vote unless the individual's right to vote has been restored as provided in Section 20A-2-101.3 or 20A-2-101.5.
(c) An individual whose right to vote has been restored, as provided in Section 20A-2-101.3 or 20A-2-101.5, is eligible to register to vote.
(3) An individual who is eligible to vote and who resides within the geographic boundaries of the entity in which the election is held may register to vote in a:
(a) regular general election;
(b) regular primary election;
(c) municipal general election;
(d) municipal primary election;
(e) statewide special election;
(f) local special election;
(g) special district election;
(h) bond election; and
(i) presidential primary election.
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 2 - Voter Registration › Part 1 - General Voter Registration Requirements › Section 101.3 - Convicted misdemeanants -- Restoration of right to vote or hold office.

20A-2-101.3.
Convicted misdemeanants -- Restoration of right to vote or hold office.
(1) As used in this section, "misdemeanant" means a person convicted of a misdemeanor for an offense under this title.
(2) A misdemeanant's right to register to vote and to vote in an election is restored when the misdemeanant:
(a) is sentenced to probation; or
(b) has successfully completed the term of incarceration to which the misdemeanant was sentenced.
(3) A misdemeanant's right to hold elective office is restored when:
(a) the misdemeanor for an offense under this title is expunged as provided in Title 77, Chapter 40a, Expungement; or
(b)
(i) five years have passed since the date of the misdemeanant's most recent misdemeanor conviction of an offense under this title;
(ii) the misdemeanant has paid all court-ordered restitution and fines; and
(iii) for each misdemeanor conviction that has not been expunged, the misdemeanant has:
(A) completed probation in relation to the misdemeanor; or
(B) successfully completed the term of incarceration associated with the misdemeanor.
Enacted by Chapter 395, 2011 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 2 - Voter Registration › Part 1 - General Voter Registration Requirements › Section 101.5 - Convicted felons -- Restoration of right to vote and right to hold office.

Effective 5/4/2022
20A-2-101.5.
Convicted felons -- Restoration of right to vote and right to hold office.
(1) As used in this section, "convicted felon" means a person convicted of a felony in any state or federal court of the United States.
(2) Each convicted felon's right to register to vote and to vote in an election is restored when:
(a) the felon is sentenced to probation;
(b) the felon is granted parole; or
(c) the felon has successfully completed the term of incarceration to which the felon was sentenced.
(3) Except as provided by Subsection (4), a convicted felon's right to hold elective office is restored when:
(a) all of the felon's felony convictions have been expunged; or
(b)
(i) 10 years have passed since the date of the felon's most recent felony conviction;
(ii) the felon has paid all court-ordered restitution and fines; and
(iii) for each felony conviction that has not been expunged, the felon has:
(A) completed probation in relation to the felony;
(B) been granted parole in relation to the felony; or
(C) successfully completed the term of incarceration associated with the felony.
(4) An individual who has been convicted of a grievous sexual offense, as defined in Section 76-1-101.5, against a child, may not hold the office of State Board of Education member or local school board member.
Amended by Chapter 430, 2022 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 2 - Voter Registration › Part 1 - General Voter Registration Requirements › Section 102 - Registration a prerequisite to voting.

Effective 5/13/2014
20A-2-102.
Registration a prerequisite to voting.
(1) Except as provided in Subsection (2), a person may not vote at any election unless that person is registered to vote as required by this chapter.
(2) A person may vote a provisional ballot for an election as provided in Section 20A-2-307.
Amended by Chapter 231, 2014 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 2 - Voter Registration › Part 1 - General Voter Registration Requirements › Section 102.5 - Voter registration deadline.

Effective 5/3/2023
20A-2-102.5.
Voter registration deadline.
(1) Except as otherwise provided in Chapter 16, Uniform Military and Overseas Voters Act, an individual who fails to timely submit a correctly completed voter registration form may not vote in the election.
(2) The voter registration deadline is as follows:
(a) the voter registration must be received by the county clerk, the municipal clerk, or the lieutenant governor no later than 5 p.m. 11 calendar days before the date of the election, if the individual registers to vote:
(i) at the office of the county clerk, in accordance with Section 20A-2-201;
(ii) by mail, in accordance with Section 20A-2-202;
(iii) via an application for a driver license, in accordance with Section 20A-2-204;
(iv) via a public assistance agency or a discretionary voter registration agency, in accordance with Section 20A-2-205; or
(v) via electronic registration, in accordance with Section 20A-2-206;
(b) before the polls close on the last day of early voting, described in Section 20A-3a-601, if the individual registers by casting a provisional ballot at an early voting location in accordance with Section 20A-2-207; or
(c) before polls close on the date of the election, if the individual registers to vote on the date of the election by casting a provisional ballot, in accordance with Section 20A-2-207.
Amended by Chapter 45, 2023 General Session