20A-1-804. Judgment and findings — Appeal — Criminal prosecution not affected by judgment.
(1)
Terms Used In Utah Code 20A-1-804
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Election: means a regular general election, a municipal general election, a statewide special election, a local special election, a regular primary election, a municipal primary election, and a special district election. See Utah Code 20A-1-102
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
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). See Utah Code 20A-1-802
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. See Utah Code 20A-1-802
Vacancy: means :
(a)
except as provided in Subsection (75)(b), the absence of an individual to serve in a position created by state constitution or state statute, whether that absence occurs because of death, disability, disqualification, resignation, or other cause ; or
(b)
in relation to a candidate for a position created by state constitution or state statute, the removal of a candidate due to the candidate's death, resignation, or disqualification. See Utah Code 20A-1-102
(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
