2023 Utah Code › Title 20A - Election Code › Chapter 1 - General Provisions › Part 2 - Elections: General and Special › Section 208 - Provisions relating to the 2023 special congressional election and the 2023 municipal election.

Affected by 63I-2-220 on 5/1/2024
Effective 6/17/2023
20A-1-208.
Provisions relating to the 2023 special congressional election and the 2023 municipal election.
(1) As used in this section:
(a) "2023 municipal election" means the same as that term is defined in Subsection 20A-1-207(1).
(b) "Election proclamation" means the Writ of Election, Proclamation, and Notice of Election 2023-1P, as issued by the governor on June 7, 2023.
(c) "Municipal election" means the same as that term is defined in Subsection 20A-1-207(1).
(d) "Second-tier political subdivision" means the same as that term is defined in Subsection 20A-1-207(1).
(e)
(i) "Special congressional election" means the special congressional election called via the election proclamation.
(ii) "Special congressional election" includes:
(A) the special congressional primary election;
(B) the special congressional general election; and
(C) the processes relating to the elections described in Subsection (1)(e)(ii)(A) or (B), regardless of whether the processes occur before, during, or after the day of the election.
(f) "Special congressional election county" means a county located, in whole or in part, within the Second Congressional District of Utah.
(g)
(i) "Special congressional general election" means the general election for the special congressional election, scheduled by the election proclamation for November 21, 2023.
(ii) "Special congressional general election" includes the processes relating to the election described in Subsection (1)(g)(i), regardless of whether the processes occur before, during, or after the day of the election.
(h)
(i) "Special congressional primary election" means the primary election for the special congressional election, scheduled by the election proclamation for September 5, 2023.
(ii) "Special congressional primary election" includes the processes relating to the election described in Subsection (1)(h)(i), regardless of whether the processes occur before, during, or after the day of the election.
(2) This section relates only to the special congressional election and the 2023 municipal election.
(3)
(a) Each county is directed to conduct the 2023 municipal election in accordance with Section 20A-1-207 and the applicable requirements of this section.
(b) A special congressional election county is directed to conduct the special congressional election in accordance with this section, Section 20A-1-502.5, and the election proclamation.
(4) In relation to the special congressional election, the provisions of the election proclamation prevail over any conflicting statutory provision except the provisions of this section, Section 20A-1-207, and Section 20A-1-502.5.
(5)
(a) Each county shall conduct the 2023 municipal elections for each municipality for which the county clerk is the election officer under Subsection 20A-1-207(6), except to the extent that an election is canceled for the municipality in accordance with Section 20A-1-206.
(b) A special congressional election county shall, regardless of whether the county is required to conduct a municipal election under Subsection (3)(a), conduct the special congressional election, in accordance with this section.
(c) Each county shall comply with Section 20A-5-401 for the 2023 municipal primary election and the 2023 municipal general election.
(d) A special congressional election county shall comply with Section 20A-5-401 for the special congressional primary election and the special congressional general election.
(e) In relation to the appointment of poll workers:
(i) a special congressional election county shall comply with the provisions of Section 20A-5-601 for the 2023 municipal election and the special congressional election; and
(ii) a county that is not a special congressional election county shall comply with the provisions of Section 20A-5-602 for the 2023 municipal election.
(f)
(i) For a special congressional election county, if a ballot for a primary election includes items for both the special congressional primary election and the primary election for the 2023 municipal election, the special congressional election county shall, to the extent possible, comply with the ballot form requirements for both regular primary elections and municipal primary elections.
(ii) For a special congressional election county, if a ballot for a general election includes items for both the special congressional general election and the general election for the 2023 municipal election, the special congressional election county shall, to the extent possible, comply with the ballot form requirements for both regular general elections and municipal general elections.
(iii) The lieutenant governor may approve ballot form changes in relation to ballots described in Subsection (5)(f)(i) or (ii) only to the extent necessary.
(6) For purposes of the special congressional election:
(a) a registered political party is a qualified political party if the registered political party certified as a qualified political party for the 2022 election cycle;
(b) for a registered political party that participates in the special congressional election:
(i) the registered political party shall, on or before June 24, 2023, file a statement with the lieutenant governor that identifies one or more registered political parties whose members may vote for the registered political party's candidates in the special congressional primary election and states whether individuals identified as unaffiliated with a political party may vote for the registered political party's candidates; or
(ii) if the registered political party fails to timely file the statement described in Subsection (6)(b)(i), the selection last made by the registered political party under Subsection 20A-9-403(2)(a)(ii) will apply for the special congressional primary election; and
(c) a registered political party that holds a convention for placing a candidate on the special congressional primary election ballot shall notify the lieutenant governor of the date, time, and location of the convention at least seven days before the day on which the convention is held.
(7) The definition of election in Subsection 20A-1-102(19) includes the special congressional primary election and the special congressional general election.
(8) The definition of primary convention in Subsection 20A-1-102(52) includes a convention held to nominate a candidate for the special congressional primary election.
(9) Notwithstanding Section 20A-2-107 or 20A-2-107.5, a request by a registered voter to change the voter's political party affiliation that is made, via a voter registration form or otherwise, after June 17, 2023, but before September 6, 2023, does not take effect until September 6, 2023.
(10) Notwithstanding Chapter 4, Part 3, Canvassing Returns, the canvassing deadlines for the special congressional election are:
(a) for the counties, September 19, 2023, for the special congressional primary election and 5 p.m. on December 6, 2023, for the special congressional general election; and
(b) for the statewide canvass, December 8, 2023, for the special congressional general election.
(11) The board of canvassers of each special congressional election county shall:
(a) for the special congressional primary election:
(i) on September 19, 2023, transmit to the lieutenant governor, via a secure electronic method, the county totals for the special congressional primary election and the signed canvassing report; and
(ii) on or before September 22, 2023, mail to the lieutenant governor a complete tabulation showing voting totals for the special congressional primary election, precinct by precinct; and
(b) for the special congressional general election:
(i) on December 6, 2023, transmit to the lieutenant governor, via a secure electronic method, the county totals for the special congressional general election, and the signed canvassing report, immediately upon adjournment of the board of canvassers; and
(ii) on or before December 9, 2023, mail to the lieutenant governor a complete tabulation showing voting totals for the special congressional general election, precinct by precinct.
(12) Notwithstanding Subsection 20A-3a-204(2)(a), except as otherwise provided in Section 20A-16-404, to be valid for the special congressional primary election or the 2023 municipal primary election, a ballot must be:
(a) clearly postmarked on or before election day, or otherwise clearly marked by the post office as received by the post office on or before election day; and
(b) received in the office of the election officer before noon on September 19, 2023.
(13) Notwithstanding Subsection 20A-4-403(1)(a), for the special congressional general election, in contesting the results of elections, except for bond elections, a registered voter may contest the right of an individual declared elected to office by filing a verified written complaint with the district court of the county in which the registered voter resides within 10 days after the day on which the canvass concludes.
(14) Notwithstanding Subsection 20A-4-404(1)(b), for a petition contesting the results of the special congressional general election, the chief judge of the court having jurisdiction shall issue the order described in Subsection 20A-4-404(1)(b) not less than 10, nor more than 15, days after the day on which the petition is filed.
(15) Notwithstanding Subsection 20A-4-406(2), in relation to the special congressional general election, the deadline described in Subsection 20A-4-406(2) is changed from 10 days to seven days.
(16) Notwithstanding Subsection 20A-16-402(1), an application for a military-overseas ballot for the primary elections held on September 5, 2023, is timely if received before noon on the day of the election.
Enacted by Chapter 1, 2023 Special Session 2