20A-1-802. Definitions.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/7/2025

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

(i)within 60 calendar 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.

Amended by Chapter 448 , 2025 General Session