1. (1) An election officer may administer an election on a referendum challenging a local tax law entirely by mail.

2. (2) For purposes of an election conducted under this section, the election officer shall:

   1. (a) designate as the election day the first business day that is at least 30 calendar days after the day on which the election officer complies with Subsection (2)(b); and

   2. (b) subject to Subsection (6), within 30 calendar days after the day on which the referendum described in Subsection (1) qualifies for the ballot, mail to each registered voter within the voting precincts to which the local tax law applies:

      1. (i) a manual ballot;
      2. (ii) a statement that there will be no polling place for the election;
      3. (iii) a statement specifying the election day described in Subsection (2)(a);
      4. (iv) a return envelope;
      5. (v) instructions for returning the ballot that include an express notice about any relevant deadlines that the voter must meet in order for the voter's vote to be counted;
      6. (vi) a warning, on a separate page of colored paper in boldface print, indicating that if the voter fails to follow the instructions included with the manual ballot, the voter will be unable to vote in that election because there will be no polling place for the election; and

      7. (vii)

         1. (A) a copy of the proposition information pamphlet relating to the referendum if a proposition information pamphlet relating to the referendum was published under Section 20A-7-401.5; or
         2. (B) a website address where an individual may view a copy of the proposition information pamphlet described in Subsection (2)(b)(vii)(A).

3. (3) An election officer who administers an election under this section shall:

   1. (a)

      1. (i) obtain, in person, the signatures of each voter within that voting precinct before the election; or
      2. (ii) obtain the signature of each voter within the voting precinct from the county clerk; and
   2. (b) maintain the signatures on file in the election officer's office.

4. (4)

   1. (a) Upon receiving a returned manual ballot under this section, the election officer shall compare the signature on each return envelope with the voter's signature that is maintained on file and verify that the signatures are the same.
   2. (b) If the election officer questions the authenticity of the signature on the return envelope, the election officer shall immediately contact the voter to verify the signature.

   3. (c) If there is not a signature on the return envelope or if the election officer determines that the signature on the return envelope does not match the voter's signature that is maintained on file, the election officer shall:

      1. (i) disqualify the ballot; and
      2. (ii) notify the voter of the disqualification and the reason for the disqualification.

5. (5) The following provisions do not apply to an election described in this section:

   1. (a) Section 20A-3a-201;
   2. (b) Subsection 20A-3a-202(2)(a)(iv);
   3. (c) Section 20A-3a-203;
   4. (d) Section 20A-3a-601;
   5. (e) Section 20A-3a-603;
   6. (f) Section 20A-3a-702;
   7. (g) Section 20A-5-403; or
   8. (h) Subsection 20A-7-609(2).
6. (6) Notwithstanding Section 20A-3a-202.5, for an election described in this section, the election officer shall send a ballot by mail to all registered voters in the jurisdiction.

Amended by Chapter 381, 2025 General Session