Election officer to provide ballots.

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  • (1) An election officer shall:
    • (a) provide ballots for every election of public officers in which the voters, or any of the voters, within the election officer's jurisdiction participate;
    • (b) cause the name of every candidate whose nomination has been certified to or filed with the election officer in the manner provided by law to be included on each ballot;
    • (c) cause any ballot proposition that has qualified for the ballot as provided by law to be included on each ballot;
    • (d) ensure that the ballots are prepared and in the possession of the election officer before commencement of voting;
    • (e) allow candidates and their agents and the sponsors of ballot propositions that have qualified for the official ballot to inspect the ballots;
    • (f) cause sample ballots to be printed that are in the same form as official ballots and that contain the same information as official ballots but that are printed on different colored paper than official ballots or are identified by a watermark;
    • (g) ensure that the sample ballots are printed and in the possession of the election officer at least seven days before commencement of voting;
    • (h) make the sample ballots available for public inspection by:
      • (i) posting a copy of the sample ballot in the election officer's office at least seven days before commencement of voting;
      • (ii) mailing a copy of the sample ballot to:
        • (A) each candidate listed on the ballot; and
        • (B) the lieutenant governor;
      • (iii) publicizing a copy of the sample ballot:
        • (A) at least seven days before the day of the election, by posting one copy of the sample ballot, and at least one additional copy of the sample ballot per 2,000 population of the jurisdiction, in places within the jurisdiction that are most likely to give notice to the voters in the jurisdiction, subject to a maximum of 10 notices; or
        • (B) at least 10 days before the day of the election, by mailing a copy of the sample ballot to each registered voter who resides in the jurisdiction holding the election;
      • (iv) posting a copy of the sample ballot on the Utah Public Notice Website, created in Section 63A-16-601, for seven days before the day of the election; and
      • (v) if the jurisdiction has a website, posting a copy of the sample ballot on the jurisdiction's website for at least seven days before the day of the election;
    • (i) deliver at least five copies of the sample ballot to poll workers for each polling place and direct them to post the sample ballots as required by Section 20A-5-102; and
    • (j) print and deliver, at the expense of the jurisdiction conducting the election, enough ballots, sample ballots, and instructions to meet the voting demands of the qualified voters in each voting precinct.
  • (2) Instead of posting the entire sample ballot under Subsection (1)(h)(iii)(A), the election officer may post a statement that:
    • (a) is entitled, "sample ballot";
    • (b) includes the following: "A sample ballot for [indicate name of jurisdiction] for the upcoming [indicate type and date of election] may be obtained from the following sources:"; and
    • (c) specifies the following sources where an individual may view or obtain a copy of the sample ballot:
      • (i) if the jurisdiction has a website, the jurisdiction's website;
      • (ii) the physical address of the jurisdiction's offices; and
      • (iii) a mailing address and telephone number.
  • (3)
    • (a) Each election officer shall, without delay, correct any error discovered in any ballot, if the correction can be made without interfering with the timely distribution of the ballots.
    • (b)
      • (i) If the election officer discovers an error or omission in a manual ballot, and it is not possible to correct the error or omission, the election officer shall direct the poll workers to make the necessary corrections on the manual ballots before the ballots are distributed.
      • (ii) If the election officer discovers an error or omission in an electronic ballot and it is not possible to correct the error or omission by revising the electronic ballot, the election officer shall direct the poll workers to post notice of each error or omission with instructions on how to correct each error or omission in a prominent position at each polling booth.
    • (c)
      • (i) If the election officer refuses or fails to correct an error or omission in a ballot, a candidate or a candidate's agent may file a verified petition with the district court asserting that:
        • (A) an error or omission has occurred in:
          • (I) the publication of the name or description of a candidate;
          • (II) the preparation or display of an electronic ballot; or
          • (III) in the printing of sample or official manual ballots; and
        • (B) the election officer has failed to correct or provide for the correction of the error or omission.
      • (ii) The district court shall issue an order requiring correction of any error in a ballot or an order to show cause why the error should not be corrected if it appears to the court that the error or omission has occurred and the election officer has failed to correct or provide for the correction of the error or omission.
      • (iii) A party aggrieved by the district court's decision may appeal the matter to the Utah Supreme Court within five days after the day on which the district court enters the decision.




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