20A-6-302 - Paper ballots -- Placement of candidates' names.
20A-6-302. Paper ballots -- Placement of candidates' names.
(1) Each election officer shall ensure, for paper ballots in regular general elections, that:
(a) except for candidates for state school board and local school boards:
(i) each candidate is listed by party; and
(ii) candidates' surnames are listed in alphabetical order on the ballots when two or morecandidates' names are required to be listed on a ticket under the title of an office;
(b) the names of candidates for the State Board of Education are placed on the ballot ascertified by the lieutenant governor under Section 20A-14-105;
(c) if candidates for membership on a local board of education were selected in a regularprimary election, the name of the candidate who received the most votes in the regular primaryelection is listed first on the ballot; and
(d) if candidates for membership on a local board of education were not selected in theregular primary election, the names of the candidates are listed on the ballot in the orderdetermined by a lottery conducted by the county clerk.
(2) (a) The election officer may not allow the name of a candidate who dies or withdrawsbefore election day to be printed upon the ballots.
(b) If the ballots have already been printed, the election officer:
(i) shall, if possible, cancel the name of the dead or withdrawn candidate by drawing aline through the candidate's name before the ballots are delivered to voters; and
(ii) may not count any votes for that dead or withdrawn candidate.
(3) (a) When there is only one candidate for county attorney at the regular generalelection in counties that have three or fewer registered voters of the county who are licensedactive members in good standing of the Utah State Bar, the county clerk shall cause thatcandidate's name and party affiliation, if any, to be placed on a separate section of the ballot withthe 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 iselected to the office of county attorney.
(c) If the number of "No" votes exceeds the number of "Yes" votes, the candidate is notelected and may not take office, nor may he continue in the office past the end of the termresulting from any prior election or appointment.
(d) When the name of only one candidate for county attorney is printed on the ballotunder authority of this Subsection (3), the county clerk may not count any write-in votes receivedfor the office of county attorney.
(e) If no qualified person files for the office of county attorney or if the candidate is notelected by the voters, the county legislative body shall appoint the county attorney as provided inSection 20A-1-509.2.
(f) If the candidate whose name would, except for this Subsection (3)(f), be placed on theballot under Subsection (3)(a) has been elected on a ballot under Subsection (3)(a) to the twoconsecutive terms immediately preceding the term for which the candidate is seeking election,Subsection (3)(a) shall not apply and that candidate shall be considered to be an unopposedcandidate the same as any other unopposed candidate for another office, unless a petition is filedwith 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 atwhich a governor was elected.
(4) (a) When there is only one candidate for district attorney at the regular generalelection in a prosecution district that has three or fewer registered voters of the district who arelicensed active members in good standing of the Utah State Bar, the county clerk shall cause thatcandidate's name and party affiliation, if any, to be placed on a separate section of the ballot withthe 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 iselected to the office of district attorney.
(c) If the number of "No" votes exceeds the number of "Yes" votes, the candidate is notelected and may not take office, nor may he continue in the office past the end of the termresulting from any prior election or appointment.
(d) When the name of only one candidate for district attorney is printed on the ballotunder authority of this Subsection (4), the county clerk may not count any write-in votes receivedfor the office of district attorney.
(e) If no qualified person files for the office of district attorney, or if the only candidate isnot elected by the voters under this subsection, the county legislative body shall appoint a newdistrict attorney for a four-year term as provided in Section 20A-1-509.2.
(f) If the candidate whose name would, except for this Subsection (4)(f), be placed on theballot under Subsection (4)(a) has been elected on a ballot under Subsection (4)(a) to the twoconsecutive terms immediately preceding the term for which the candidate is seeking election,Subsection (4)(a) shall not apply and that candidate shall be considered to be an unopposedcandidate the same as any other unopposed candidate for another office, unless a petition is filedwith the county clerk before the date of that year's primary election that:
(i) requests the procedure set forth in Subsection (4)(a) to be followed; and
(ii) contains the signatures of registered voters in the county representing in number atleast 25% of all votes cast in the county for all candidates for governor at the last election atwhich a governor was elected.
Amended by Chapter 326, 2006 General Session