§ 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):
(1)(a) under circumstances where a reasonable person would not believe that the allegations are true; or
(1)(b) (1)(b)(i) within 60 calendar days before an election that the candidate to which the petition relates will appear on the ballot; and
(1)(b)(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:
(3)(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
(3)(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:
(4)(a) except as provided in Subsection (4)(b), the receiving official; or
(4)(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:
(5)(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
(5)(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.

Legislative History

Amended by Chapter 448, 2025 General Session