§ 20A-1-801 Title
§ 20A-1-802 Definitions
§ 20A-1-803 Verified petition by registered voter — Receiving and reviewing official — Special investigation — Special counsel — Civil action
§ 20A-1-804 Judgment and findings — Appeal — Criminal prosecution not affected by judgment
§ 20A-1-805 Costs and attorney fees — Other actions or remedies not foreclosed — Grant of immunity
§ 20A-1-806 Special counsel on appeal
§ 20A-1-807 Compensation of special counsel
§ 20A-1-808 Transition clause

Terms Used In Utah Code > Title 20A > Chapter 1 > Part 8 - Civil Action for Election Code Violation

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • 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.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Bad faith: means that a person files a petition described in Subsection 20A-1-803(1):
    (a) under circumstances where a reasonable person would not believe that the allegations are true; or
    (b) 
    (i) within 60 days before an election that the candidate to which the petition relates will appear on the ballot; and
    (ii) under circumstances where a reasonable person would not believe that the allegations constitute a significant violation of a provision of this title. See Utah Code 20A-1-802
  • 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
  • Chief executive officer: means :
    (a) the governor, for the state;
    (b) the chair of the county commission or the county executive, for a county; and
    (c) the mayor, for a municipality, or if governed under a council-manager form of government, the chair of the council. See Utah Code 52-8-102
  • Commissioner: means the commissioner of public safety appointed under Section 53-1-107. See Utah Code 53-1-102
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • County executive: means :Utah Code 68-3-12.5
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Defendant: means each person against whom an allegation is made in the verified petition described in Subsection 20A-1-803(1). See Utah Code 20A-1-802
  • Department: means the Department of Public Safety created in Section 53-1-103. See Utah Code 53-1-102
  • Director: means the division director appointed under Section 53-1-203. See Utah Code 53-1-202
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Division: means the Administrative Services Division created in Section 53-1-203. See Utah Code 53-1-202
  • Donor: The person who makes a gift.
  • 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
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Government entity: includes the state, its agencies and institutions, each county, municipality, school district, special district, and special service district in Utah. See Utah Code 52-8-102
  • Governor-elect: means an individual whom the board of canvassers determines to be the successful candidate for governor after a general election for the office of governor. See Utah Code 53-1-102
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Highway: includes :Utah Code 68-3-12.5
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Law enforcement agency: means an entity or division of:
    (i) 
    (A) the federal government, a state, or a political subdivision of a state;
    (B) a state institution of higher education; or
    (C) a private institution of higher education, if the entity or division is certified by the commissioner under Title 53, Chapter 19, Certification of Private Law Enforcement Agency; and
    (ii) that exists primarily to prevent and detect crime and enforce criminal laws, statutes, and ordinances. See Utah Code 53-1-102
  • Law enforcement officer: means the same as that term is defined in Section 53-13-103. See Utah Code 53-1-102
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
  • Motor vehicle: means every self-propelled vehicle and every vehicle propelled by electric power obtained from overhead trolley wires, but not operated upon rails, except motorized wheel chairs and vehicles moved solely by human power. See Utah Code 53-1-102
  • Peace officer: means any officer certified in accordance with Title 53, Chapter 13, Peace Officer Classifications. See Utah Code 53-1-102
  • Person: means :Utah Code 68-3-12.5
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Private law: A private bill enacted into law. Private laws have restricted applicability, often addressing immigration and naturalization issues affecting individuals.
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Promotional literature: means reports whose primary or secondary purpose is to provide nonresidents with information about the government entity that produced the report. See Utah Code 52-8-102
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Public officer: means a member of the Utah State Senate, a member of the Utah State House of Representatives, the governor, lieutenant governor, state auditor, state treasurer, attorney general, or any justice or judge of a court of record. See Utah Code 52-7-102
  • Public official: means the same as that term is defined in Section 36-11-102. See Utah Code 53-1-102
  • Receiving official: means :
    (a) the lieutenant governor, unless the verified petition described in Section 20A-1-803 alleges a violation by the governor, the lieutenant governor, or an employee of the lieutenant governor's office; or
    (b) the attorney general, if the verified petition described in Section 20A-1-803 alleges a violation by the governor, the lieutenant governor, or an employee of the lieutenant governor's office. See Utah Code 20A-1-802
  • Report: means each account, statement, record of proceedings, summary of activities, and other written or printed document required by statute that is prepared or produced by a government entity that is distributed to the public. See Utah Code 52-8-102
  • Reviewing official: means :
    (a) 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
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • State institution of higher education: means the same as that term is defined in Section 53B-3-102. See Utah Code 53-1-102
  • Statute: A law passed by a legislature.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • 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
  • Vehicle: means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. See Utah Code 53-1-102
  • 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
  • Writing: includes :Utah Code 68-3-12.5