2011 Utah Code
Title 20A Election Code
Chapter 1 General Provisions
Section 703 Proceedings by registered voter.

20A-1-703. Proceedings by registered voter.
(1) Any registered voter who has information that any provisions of this title have been violated by any candidate for whom the registered voter had the right to vote, by any personal campaign committee of that candidate, by any member of that committee, or by any election official, may file a verified petition with the lieutenant governor.
(2) (a) The lieutenant governor shall gather information and determine if a special investigation is necessary.
(b) If the lieutenant governor determines that a special investigation is necessary, the lieutenant governor shall refer the information to the attorney general, who shall:
(i) bring a special proceeding to investigate and determine whether or not there has been a violation; and
(ii) appoint special counsel to conduct that proceeding on behalf of the state.
(3) If it appears from the petition or otherwise that sufficient evidence is obtainable to show that there is probable cause to believe that a violation has occurred, the attorney general shall:
(a) grant leave to bring the proceeding; and
(b) appoint special counsel to conduct the proceeding.
(4) (a) If leave is granted, the registered voter may, by a special proceeding brought in the district court in the name of the state upon the relation of the registered voter, investigate and determine whether or not the candidate, candidate's personal campaign committee, any member of the candidate's personal campaign committee, or any election officer has violated any provision of this title.
(b) (i) In the proceeding, the complaint shall:
(A) be served with the summons; and
(B) set forth the name of the person or persons who have allegedly violated this title and the grounds of those violations in detail.
(ii) The complaint may not be amended except by leave of the court.
(iii) The summons and complaint in the proceeding shall be filed with the court no later than five days after they are served.
(c) (i) The answer to the complaint shall be served and filed within 10 days after the service of the summons and complaint.
(ii) Any allegation of new matters in the answer shall be considered controverted by the adverse party without reply, and the proceeding shall be considered at issue and stand ready for trial upon five days' notice of trial.
(d) (i) All proceedings initiated under this section have precedence over any other civil actions.
(ii) The court shall always be considered open for the trial of the issues raised in this proceeding.
(iii) The proceeding shall be tried and determined as a civil action without a jury, with the court determining all issues of fact and issues of law.
(iv) If more than one proceeding is pending or the election of more than one person is investigated and contested, the court may:
(A) order the proceedings consolidated and heard together; and
(B) equitably apportion costs and disbursements.
(e) (i) Either party may request a change of venue as provided by law in civil actions, but

application for a change of venue shall be made within five days after service of summons and complaint.
(ii) The judge shall decide the request for a change of venue and issue any necessary orders within three days after the application is made.
(iii) If a party fails to request a change of venue within five days of service, that party has waived that party's right to a change of venue.
(f) (i) If judgment is in favor of the plaintiff, the relator may petition the judge to recover his taxable costs and disbursements against the person whose right to the office is contested.
(ii) The judge may not award costs to the defendant unless it appears that the proceeding was brought in bad faith.
(iii) Subject to the limitations contained in Subsection (4)(f), the judge may decide whether or not to award costs and disbursements.
(5) Nothing in this section may be construed to prohibit any other civil or criminal actions or remedies against alleged violators.
(6) In the event a witness asserts a privilege against self-incrimination, testimony and evidence from the witness may be compelled pursuant to Title 77, Chapter 22b, Grants of Immunity.