20A-7-609.  Form of ballot — Manner of voting.

(1)  The local clerk shall ensure that the number and ballot title are presented upon the official ballot with, immediately adjacent to them, the words “For” and “Against,” each word presented with an adjacent square in which the elector may indicate the elector’s vote.

Terms Used In Utah Code 20A-7-609

  • Ballot: means the storage medium, including a paper, mechanical, or electronic storage medium, that records an individual voter's vote. See Utah Code 20A-1-102
  • County legislative body: means :Utah Code 68-3-12.5
  • 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
  • Local clerk: means the county clerk, city recorder, or town clerk in whose jurisdiction a local initiative or referendum petition is circulated. See Utah Code 20A-7-101
  • Local law: includes :
(i) an ordinance;
(ii) a resolution;
(iii) a land use law;
(iv) a land use regulation, as defined in Section 10-9a-103; or
(v) other legislative action of a local legislative body. See Utah Code 20A-7-101
  • Municipal general election: means the election held in municipalities and, as applicable, special districts on the first Tuesday after the first Monday in November of each odd-numbered year for the purposes established in Section 20A-1-202. See Utah Code 20A-1-102
  • Municipal legislative body: means :
    (a) the council of the city or town in any form of municipal government; or
    (b) the council of a metro township. See Utah Code 20A-1-102
  • Official ballot: means the ballots distributed by the election officer for voters to record their votes. See Utah Code 20A-1-102
  • qualified: means to take the oath of office and begin performing the duties of the position for which the individual was elected. See Utah Code 20A-1-102
  • Referendum: means a process by which a law passed by the Legislature or by a local legislative body is submitted or referred to the voters for their approval or rejection. See Utah Code 20A-7-101
  • Regular general election: means the election held throughout the state on the first Tuesday after the first Monday in November of each even-numbered year for the purposes established in Section 20A-1-201. See Utah Code 20A-1-102
  • Special election: means an election held as authorized by Section 20A-1-203. See Utah Code 20A-1-102
  • Voter: means an individual who:
    (a) meets the requirements for voting in an election;
    (b) meets the requirements of election registration;
    (c) is registered to vote; and
    (d) is listed in the official register book. See Utah Code 20A-1-102
    (2) 

    (a)  Except as provided in Subsection (2)(c)(i) or Section 20A-7-609.5, and unless the county legislative body calls a special election, the county clerk shall ensure that county referenda that have qualified for the ballot appear on the next regular general election ballot.

    (b)  Except as provided in Subsection (2)(c)(ii) or Section 20A-7-609.5, and unless the municipal legislative body calls a special election, the municipal recorder or clerk shall ensure that municipal referenda that have qualified for the ballot appear on the next regular municipal election ballot.

    (c) 

    (i)  Except as provided in Section 20A-7-609.5, if a local law passes after January 30 of the year in which there is a regular general election, the county clerk shall ensure that a county referendum that has qualified for the ballot appears on the ballot at the second regular general election immediately following the passage of the local law unless the county legislative body calls a special election.

    (ii)  Except as provided in Section 20A-7-609.5, if a local law passes after January 30 of the year in which there is a municipal general election, the municipal recorder or clerk shall ensure that a municipal referendum that has qualified for the ballot appears on the ballot at the second municipal general election immediately following the passage of the local law unless the municipal legislative body calls a special election.

    (3) 

    (a) 

    (i)  A voter desiring to vote in favor of the law that is the subject of the referendum shall mark the square adjacent to the word “For.”

    (ii)  The law that is the subject of the referendum is effective if a majority of voters mark “For.”

    (b) 

    (i)  A voter desiring to vote against the law that is the subject of the referendum shall mark the square following the word “Against.”

    (ii)  The law that is the subject of the referendum is not effective if a majority of voters mark “Against.”

    Amended by Chapter 107, 2023 General Session