Utah Statutes § 20A-1-802 Definitions
Statute Text
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.
History
Added by Chapter 254 , 2014 General Session , § 2 , eff. 5/13/2014 .
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