Section 1-5-203 - Certification of ballot(1)(a) Except as provided in subsection (1)(c) of this section, no later than sixty days before any primary election, and no later than fifty-seven days before any general or odd-year November election or congressional vacancy election, the secretary of state shall deliver by electronic transmission and registered mail to the county clerk and recorder of each county a certificate in writing of the ballot order and content for each county, as follows: (I) For general elections, the certificate shall specify the national and state officers and the district officers of state concern for whom some or all of the eligible electors of the county are entitled to cast ballots at the general election. The certificate shall include the name and party or other designation of each candidate for whom some or all of the eligible electors of the county are entitled to cast ballots and for whom a petition or certificate of nomination has been filed with the secretary of state, the name and party of each candidate nominated at the primary election for a national or state office or a district office of state concern, and the order of the ballot and the ballot content for the election. With regard to the election of members to the general assembly, the notice shall also specify the district number and the names of the members whose terms of office will expire.(II) For primary elections, the certificate shall specify the offices for which nominations are to be made. The notice shall include a certified list of persons for whom certificates of designation or petitions have been filed with the secretary of state and the office for which each person is a candidate, together with the other details mentioned in the certificates of designation or petitions, and the order of the ballot for the primary election.(III) For any election at which one or more ballot issues or ballot questions are to be submitted to the eligible electors of the entire state, the secretary of state shall certify the order of ballot and ballot content with respect to such ballot issues or ballot questions to the county clerk and recorder of each county of the state.(b) The secretary of state shall be solely responsible for the accuracy of the information contained in the certificate.(2) (Deleted by amendment, L. 2002, p. 1626, § 4, effective June 7, 2002.)(3)(a) No later than sixty days before any election, the designated election official of each political subdivision that intends to conduct an election shall certify the order of the ballot and ballot content. Such certification shall be delivered to the county clerk and recorder of each county that has territory within the political subdivision if the election is coordinated with the clerk and recorder. The order of the ballot and ballot content shall include the name and office of each candidate for whom a petition has been filed with the designated election official and any ballot issues or ballot questions to be submitted to the eligible electors.(b) (Deleted by amendment, L. 2002, p. 1626, § 4, effective June 7, 2002.)(c) The state or a political subdivision that issues a certificate pursuant to this subsection (3) shall be solely responsible for the accuracy of the information contained in the certificate. Any error that can be corrected pursuant to the provisions of section 1-5-412 shall be corrected at the expense of the political subdivision whose designated election official issued the defective certificate or, at the expense of the state, if the secretary of state issued the defective certificate.Amended by 2020 Ch. 23, § 9, eff. 3/16/2020.L. 92: Entire article R&RE, p. 703, § 8, effective 1/1/1993. L. 93: Entire section amended, p. 1409, § 45, effective July 1. L. 94: Entire section amended, p. 1156, § 22, effective July 1. L. 99: Entire section amended, p. 772, § 42, effective May 20. L. 2002: (1), (2), (3)(a), and (3)(b) amended, p. 1626, § 4, effective June 7. L. 2003: IP(1) amended, p. 495, § 2, effective March 5. L. 2005: IP(1) and (3)(a) amended, p. 1402, § 21, effective June 6; IP(1) and (3)(a) amended, p. 1437, § 21, effective June 6. L. 2006: (1) amended, p. 1487, § 1, effective June 1. L. 2020: IP(1)(a) amended and (1)(c) added, (HB 20 -1359), ch. 87, p. 87, § 9, effective March 16.(1) This section is similar to former § 1-6-202 as it existed prior to 1992.
(2) Subsection (1)(c)(II) provided for the repeal of subsection (1)(c), effective December 31, 2020. (See L. 2020, p. 87.)