Utah Code § 20A-1-802

Current through the 2024 Fourth Special Session
Section 20A-1-802 - Definitions

As used in this part:

(1) "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.
(2) "Defendant" means each person against whom an allegation is made in the verified petition described in Subsection 20A-1-803(1).
(3) "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.
(4) "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).
(5) "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.

Utah Code § 20A-1-802

Added by Chapter 254, 2014 General Session ,§ 2, eff. 5/13/2014.