S.B. 54 Enrolled
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7 LONG TITLE
8 General Description:
9 This bill amends provisions of the Election Code relating to nomination of candidates,
10 primary and general elections, and ballots.
11 Highlighted Provisions:
12 This bill:
13 . defines terms and modifies defined terms;
14 . enacts a severability clause;
15 . modifies dates and other provisions relating to a notice of election;
16 . except as it relates to presidential candidates, prohibits a ballot or ballot sheet from
17 indicating that a candidate is associated with a political party unless the candidate is
18 nominated by petition or nominated by a qualified political party;
19 . changes dates relating to the establishment and publication of the master ballot
20 position list;
21 . defines a qualified political party as a registered political party that:
22 . permits voters who are unaffiliated with any political party to vote for the
23 registered political party's candidates in a primary election;
24 . permits a delegate for the registered political party to vote on a candidate
25 nomination in the registered political party's convention remotely or permits the
26 designation of an alternate delegate;
27 . does not hold the registered political party's convention before April 1 of an
28 even-numbered year; and
29 . permits a member of the registered political party to seek the registered political
30 party's nomination for any elective office by seeking the nomination through the registered
31 political party's convention process, seeking the nomination by collecting signatures, or both;
32 . modifies provisions and dates relating to a declaration of candidacy;
33 . provides that candidates for elective office shall be nominated in direct primary
34 elections, unless the candidates are listed on the ballot as unaffiliated or are
35 nominated by a qualified political party;
36 . modifies provisions relating to the conduct of a primary election;
37 . describes petition requirements for appearing on a primary election ballot for
38 nomination as a candidate for an identified political party;
39 . grants rulemaking authority;
40 . describes duties of the lieutenant governor and county clerks in relation to the
41 provisions of this bill;
42 . describes requirements and exceptions for a qualified political party;
43 . describes two alternate nomination procedures for a qualified political party; and
44 . makes technical and conforming changes.
45 Money Appropriated in this Bill:
46 None
47 Other Special Clauses:
48 This bill takes effect on January 1, 2015.
49 Utah Code Sections Affected:
50 AMENDS:
51 20A-1-102 , as last amended by Laws of Utah 2013, Chapter 320
52 20A-1-501 , as last amended by Laws of Utah 2013, Chapter 317
53 20A-5-101 , as last amended by Laws of Utah 2011, Chapters 291 and 292
54 20A-6-301 , as last amended by Laws of Utah 2012, Chapter 68
55 20A-6-302 , as last amended by Laws of Utah 2013, Chapter 317
56 20A-6-303 , as last amended by Laws of Utah 2011, Chapter 292
57 20A-6-304 , as last amended by Laws of Utah 2011, Chapter 292
58 20A-6-305 , as enacted by Laws of Utah 2011, Chapter 292
59 20A-9-101 , as last amended by Laws of Utah 2007, Chapter 329
60 20A-9-201 , as last amended by Laws of Utah 2013, Chapters 145 and 317
61 20A-9-202 , as last amended by Laws of Utah 2013, Chapter 317
62 20A-9-403 , as last amended by Laws of Utah 2013, Chapter 317
63 20A-9-701 , as last amended by Laws of Utah 2011, Chapter 327
64 ENACTS:
65 20A-1-103 , Utah Code Annotated 1953
66 20A-9-405 , Utah Code Annotated 1953
67 20A-9-406 , Utah Code Annotated 1953
68 20A-9-407 , Utah Code Annotated 1953
69 20A-9-408 , Utah Code Annotated 1953
70 20A-9-409 , Utah Code Annotated 1953
71 20A-9-410 , Utah Code Annotated 1953
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73 Be it enacted by the Legislature of the state of Utah:
74 Section 1. Section 20A-1-102 is amended to read:
75 20A-1-102. Definitions.
76 As used in this title:
77 (1) "Active voter" means a registered voter who has not been classified as an inactive
78 voter by the county clerk.
79 (2) "Automatic tabulating equipment" means apparatus that automatically examines
80 and counts votes recorded on paper ballots or ballot sheets and tabulates the results.
81 (3) (a) "Ballot" means the storage medium, whether paper, mechanical, or electronic,
82 upon which a voter records the voter's votes.
83 (b) "Ballot" includes ballot sheets, paper ballots, electronic ballots, and secrecy
84 envelopes.
85 [
86 (a) contain the names of offices and candidates and statements of ballot propositions to
87 be voted on; and
88 (b) are used in conjunction with ballot sheets that do not display that information.
89 [
90 voters on the ballot for their approval or rejection including:
91 (a) an opinion question specifically authorized by the Legislature;
92 (b) a constitutional amendment;
93 (c) an initiative;
94 (d) a referendum;
95 (e) a bond proposition;
96 (f) a judicial retention question;
97 (g) an incorporation of a city or town; or
98 (h) any other ballot question specifically authorized by the Legislature.
99 [
100 (a) means a ballot that:
101 (i) consists of paper or a card where the voter's votes are marked or recorded; and
102 (ii) can be counted using automatic tabulating equipment; and
103 (b) includes punch card ballots and other ballots that are machine-countable.
104 (7) "Bind," "binding," or "bound" means securing more than one piece of paper
105 together with a staple or stitch in at least three places across the top of the paper in the blank
106 space reserved for securing the paper.
107 (8) "Board of canvassers" means the entities established by Sections 20A-4-301 and
108 20A-4-306 to canvass election returns.
109 (9) "Bond election" means an election held for the purpose of approving or rejecting
110 the proposed issuance of bonds by a government entity.
111 (10) "Book voter registration form" means voter registration forms contained in a
112 bound book that are used by election officers and registration agents to register persons to vote.
113 (11) "Business reply mail envelope" means an envelope that may be mailed free of
114 charge by the sender.
115 (12) "By-mail voter registration form" means a voter registration form designed to be
116 completed by the voter and mailed to the election officer.
117 (13) "Canvass" means the review of election returns and the official declaration of
118 election results by the board of canvassers.
119 (14) "Canvassing judge" means a poll worker designated to assist in counting ballots at
120 the canvass.
121 (15) "Contracting election officer" means an election officer who enters into a contract
122 or interlocal agreement with a provider election officer.
123 (16) "Convention" means the political party convention at which party officers and
124 delegates are selected.
125 (17) "Counting center" means one or more locations selected by the election officer in
126 charge of the election for the automatic counting of ballots.
127 (18) "Counting judge" means a poll worker designated to count the ballots during
128 election day.
129 (19) "Counting poll watcher" means a person selected as provided in Section
130 20A-3-201 to witness the counting of ballots.
131 (20) "Counting room" means a suitable and convenient private place or room,
132 immediately adjoining the place where the election is being held, for use by the poll workers
133 and counting judges to count ballots during election day.
134 (21) "County officers" means those county officers that are required by law to be
135 elected.
136 (22) "Date of the election" or "election day" or "day of the election":
137 (a) means the day that is specified in the calendar year as the day that the election
138 occurs; and
139 (b) does not include:
140 (i) deadlines established for absentee voting; or
141 (ii) any early voting or early voting period as provided under Chapter 3, Part 6, Early
142 Voting.
143 (23) "Elected official" means:
144 (a) a person elected to an office under Section 20A-1-303 ;
145 (b) a person who is considered to be elected to a municipal office in accordance with
146 Subsection 20A-1-206 (1)(c)(ii); or
147 (c) a person who is considered to be elected to a local district office in accordance with
148 Subsection 20A-1-206 (3)(c)(ii).
149 (24) "Election" means a regular general election, a municipal general election, a
150 statewide special election, a local special election, a regular primary election, a municipal
151 primary election, and a local district election.
152 (25) "Election Assistance Commission" means the commission established by Public
153 Law 107-252, the Help America Vote Act of 2002.
154 (26) "Election cycle" means the period beginning on the first day persons are eligible to
155 file declarations of candidacy and ending when the canvass is completed.
156 (27) "Election judge" means a poll worker that is assigned to:
157 (a) preside over other poll workers at a polling place;
158 (b) act as the presiding election judge; or
159 (c) serve as a canvassing judge, counting judge, or receiving judge.
160 (28) "Election officer" means:
161 (a) the lieutenant governor, for all statewide ballots and elections;
162 (b) the county clerk for:
163 (i) a county ballot and election; and
164 (ii) a ballot and election as a provider election officer as provided in Section
165 20A-5-400.1 or 20A-5-400.5 ;
166 (c) the municipal clerk for:
167 (i) a municipal ballot and election; and
168 (ii) a ballot and election as a provider election officer as provided in Section
169 20A-5-400.1 or 20A-5-400.5 ;
170 (d) the local district clerk or chief executive officer for:
171 (i) a local district ballot and election; and
172 (ii) a ballot and election as a provider election officer as provided in Section
173 20A-5-400.1 or 20A-5-400.5 ; or
174 (e) the business administrator or superintendent of a school district for:
175 (i) a school district ballot and election; and
176 (ii) a ballot and election as a provider election officer as provided in Section
177 20A-5-400.1 or 20A-5-400.5 .
178 (29) "Election official" means any election officer, election judge, or poll worker.
179 (30) "Election results" means:
180 (a) for an election other than a bond election, the count of votes cast in the election and
181 the election returns requested by the board of canvassers; or
182 (b) for bond elections, the count of those votes cast for and against the bond
183 proposition plus any or all of the election returns that the board of canvassers may request.
184 (31) "Election returns" includes the pollbook, the military and overseas absentee voter
185 registration and voting certificates, one of the tally sheets, any unprocessed absentee ballots, all
186 counted ballots, all excess ballots, all unused ballots, all spoiled ballots, the ballot disposition
187 form, and the total votes cast form.
188 (32) "Electronic ballot" means a ballot that is recorded using a direct electronic voting
189 device or other voting device that records and stores ballot information by electronic means.
190 (33) "Electronic signature" means an electronic sound, symbol, or process attached to
191 or logically associated with a record and executed or adopted by a person with the intent to sign
192 the record.
193 (34) (a) "Electronic voting device" means a voting device that uses electronic ballots.
194 (b) "Electronic voting device" includes a direct recording electronic voting device.
195 (35) "Inactive voter" means a registered voter who has:
196 (a) been sent the notice required by Section 20A-2-306 ; and
197 (b) failed to respond to that notice.
198 (36) "Inspecting poll watcher" means a person selected as provided in this title to
199 witness the receipt and safe deposit of voted and counted ballots.
200 (37) "Judicial office" means the office filled by any judicial officer.
201 (38) "Judicial officer" means any justice or judge of a court of record or any county
202 court judge.
203 (39) "Local district" means a local government entity under Title 17B, Limited Purpose
204 Local Government Entities - Local Districts, and includes a special service district under Title
205 17D, Chapter 1, Special Service District Act.
206 (40) "Local district officers" means those local district officers that are required by law
207 to be elected.
208 (41) "Local election" means a regular municipal election, a local special election, a
209 local district election, and a bond election.
210 (42) "Local political subdivision" means a county, a municipality, a local district, or a
211 local school district.
212 (43) "Local special election" means a special election called by the governing body of a
213 local political subdivision in which all registered voters of the local political subdivision may
214 vote.
215 (44) "Municipal executive" means:
216 (a) the mayor in the council-mayor form of government defined in Section 10-3b-102 ;
217 or
218 (b) the mayor in the council-manager form of government defined in Subsection
219 10-3b-103 (6).
220 (45) "Municipal general election" means the election held in municipalities and local
221 districts on the first Tuesday after the first Monday in November of each odd-numbered year
222 for the purposes established in Section 20A-1-202 .
223 (46) "Municipal legislative body" means the council of the city or town in any form of
224 municipal government.
225 (47) "Municipal office" means an elective office in a municipality.
226 (48) "Municipal officers" means those municipal officers that are required by law to be
227 elected.
228 (49) "Municipal primary election" means an election held to nominate candidates for
229 municipal office.
230 (50) "Official ballot" means the ballots distributed by the election officer to the poll
231 workers to be given to voters to record their votes.
232 (51) "Official endorsement" means:
233 (a) the information on the ballot that identifies:
234 (i) the ballot as an official ballot;
235 (ii) the date of the election; and
236 (iii) the facsimile signature of the election officer; and
237 (b) the information on the ballot stub that identifies:
238 (i) the poll worker's initials; and
239 (ii) the ballot number.
240 (52) "Official register" means the official record furnished to election officials by the
241 election officer that contains the information required by Section 20A-5-401 .
242 (53) "Paper ballot" means a paper that contains:
243 (a) the names of offices and candidates and statements of ballot propositions to be
244 voted on; and
245 (b) spaces for the voter to record the voter's vote for each office and for or against each
246 ballot proposition.
247 (54) "Political party" means an organization of registered voters that has qualified to
248 participate in an election by meeting the requirements of Chapter 8, Political Party Formation
249 and Procedures.
250 (55) (a) "Poll worker" means a person assigned by an election official to assist with an
251 election, voting, or counting votes.
252 (b) "Poll worker" includes election judges.
253 (c) "Poll worker" does not include a watcher.
254 (56) "Pollbook" means a record of the names of voters in the order that they appear to
255 cast votes.
256 (57) "Polling place" means the building where voting is conducted.
257 (58) "Position" means a square, circle, rectangle, or other geometric shape on a ballot
258 in which the voter marks the voter's choice.
259 [
260
261 [
262 (a) is built into a voting machine; and
263 (b) records the total number of movements of the operating lever.
264 [
265 contract or interlocal agreement with a contracting election officer to conduct an election for
266 the contracting election officer's local political subdivision in accordance with Section
267 20A-5-400.1 .
268 [
269 (a) whose name is not listed on the official register at the polling place;
270 (b) whose legal right to vote is challenged as provided in this title; or
271 (c) whose identity was not sufficiently established by a poll worker.
272 [
273 required by Section 20A-6-105 that is used to identify provisional ballots and to provide
274 information to verify a person's legal right to vote.
275 (64) "Qualify" or "qualified" means to take the oath of office and begin performing the
276 duties of the position for which the person was elected.
277 (65) "Receiving judge" means the poll worker that checks the voter's name in the
278 official register, provides the voter with a ballot, and removes the ballot stub from the ballot
279 after the voter has voted.
280 (66) "Registration form" means a book voter registration form and a by-mail voter
281 registration form.
282 (67) "Regular ballot" means a ballot that is not a provisional ballot.
283 (68) "Regular general election" means the election held throughout the state on the first
284 Tuesday after the first Monday in November of each even-numbered year for the purposes
285 established in Section 20A-1-201 .
286 (69) "Regular primary election" means the election on the fourth Tuesday of June of
287 each even-numbered year, to nominate candidates of political parties and [
288 candidates for nonpartisan local school board positions to advance to the regular general
289 election.
290 (70) "Resident" means a person who resides within a specific voting precinct in Utah.
291 (71) "Sample ballot" means a mock ballot similar in form to the official ballot printed
292 and distributed as provided in Section 20A-5-405 .
293 (72) "Scratch vote" means to mark or punch the straight party ticket and then mark or
294 punch the ballot for one or more candidates who are members of different political parties.
295 (73) "Secrecy envelope" means the envelope given to a voter along with the ballot into
296 which the voter places the ballot after the voter has voted it in order to preserve the secrecy of
297 the voter's vote.
298 (74) "Special election" means an election held as authorized by Section 20A-1-203 .
299 (75) "Spoiled ballot" means each ballot that:
300 (a) is spoiled by the voter;
301 (b) is unable to be voted because it was spoiled by the printer or a poll worker; or
302 (c) lacks the official endorsement.
303 (76) "Statewide special election" means a special election called by the governor or the
304 Legislature in which all registered voters in Utah may vote.
305 (77) "Stub" means the detachable part of each ballot.
306 (78) "Substitute ballots" means replacement ballots provided by an election officer to
307 the poll workers when the official ballots are lost or stolen.
308 (79) "Ticket" means each list of candidates for each political party or for each group of
309 petitioners.
310 (80) "Transfer case" means the sealed box used to transport voted ballots to the
311 counting center.
312 (81) "Vacancy" means the absence of a person to serve in any position created by
313 statute, whether that absence occurs because of death, disability, disqualification, resignation,
314 or other cause.
315 (82) "Valid voter identification" means:
316 (a) a form of identification that bears the name and photograph of the voter which may
317 include:
318 (i) a currently valid Utah driver license;
319 (ii) a currently valid identification card that is issued by:
320 (A) the state; or
321 (B) a branch, department, or agency of the United States;
322 (iii) a currently valid Utah permit to carry a concealed weapon;
323 (iv) a currently valid United States passport; or
324 (v) a currently valid United States military identification card;
325 (b) one of the following identification cards, whether or not the card includes a
326 photograph of the voter:
327 (i) a valid tribal identification card;
328 (ii) a Bureau of Indian Affairs card; or
329 (iii) a tribal treaty card; or
330 (c) two forms of identification not listed under Subsection (82)(a) or (b) but that bear
331 the name of the voter and provide evidence that the voter resides in the voting precinct, which
332 may include:
333 (i) a current utility bill or a legible copy thereof, dated within the 90 days before the
334 election;
335 (ii) a bank or other financial account statement, or a legible copy thereof;
336 (iii) a certified birth certificate;
337 (iv) a valid Social Security card;
338 (v) a check issued by the state or the federal government or a legible copy thereof;
339 (vi) a paycheck from the voter's employer, or a legible copy thereof;
340 (vii) a currently valid Utah hunting or fishing license;
341 (viii) certified naturalization documentation;
342 (ix) a currently valid license issued by an authorized agency of the United States;
343 (x) a certified copy of court records showing the voter's adoption or name change;
344 (xi) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card;
345 (xii) a currently valid identification card issued by:
346 (A) a local government within the state;
347 (B) an employer for an employee; or
348 (C) a college, university, technical school, or professional school located within the
349 state; or
350 (xiii) a current Utah vehicle registration.
351 (83) "Valid write-in candidate" means a candidate who has qualified as a write-in
352 candidate by following the procedures and requirements of this title.
353 (84) "Voter" means a person who:
354 (a) meets the requirements for voting in an election;
355 (b) meets the requirements of election registration;
356 (c) is registered to vote; and
357 (d) is listed in the official register book.
358 (85) "Voter registration deadline" means the registration deadline provided in Section
359 20A-2-102.5 .
360 (86) "Voting area" means the area within six feet of the voting booths, voting
361 machines, and ballot box.
362 (87) "Voting booth" means:
363 (a) the space or compartment within a polling place that is provided for the preparation
364 of ballots, including the voting machine enclosure or curtain; or
365 (b) a voting device that is free standing.
366 (88) "Voting device" means:
367 (a) an apparatus in which ballot sheets are used in connection with a punch device for
368 piercing the ballots by the voter;
369 (b) a device for marking the ballots with ink or another substance;
370 (c) an electronic voting device or other device used to make selections and cast a ballot
371 electronically, or any component thereof;
372 (d) an automated voting system under Section 20A-5-302 ; or
373 (e) any other method for recording votes on ballots so that the ballot may be tabulated
374 by means of automatic tabulating equipment.
375 (89) "Voting machine" means a machine designed for the sole purpose of recording
376 and tabulating votes cast by voters at an election.
377 (90) "Voting poll watcher" means a person appointed as provided in this title to
378 witness the distribution of ballots and the voting process.
379 (91) "Voting precinct" means the smallest voting unit established as provided by law
380 within which qualified voters vote at one polling place.
381 (92) "Watcher" means a voting poll watcher, a counting poll watcher, an inspecting
382 poll watcher, and a testing watcher.
383 (93) "Western States Presidential Primary" means the election established in Chapter 9,
384 Part 8, Western States Presidential Primary.
385 (94) "Write-in ballot" means a ballot containing any write-in votes.
386 (95) "Write-in vote" means a vote cast for a person whose name is not printed on the
387 ballot according to the procedures established in this title.
388 Section 2. Section 20A-1-103 is enacted to read:
389 20A-1-103. Severability clause.
390 If any provision of 2014 General Session S.B. 54 or the application of any provision of
391 2014 General Session S.B. 54 to any person or circumstance is held invalid by a final decision
392 of a court of competent jurisdiction, the remainder of 2014 General Session S.B. 54 shall be
393 given effect without the invalid provision or application. The provisions of 2014 General
394 Session S.B. 54 are severable.
395 Section 3. Section 20A-1-501 is amended to read:
396 20A-1-501. Candidate vacancies -- Procedure for filling.
397 (1) The state central committee of a political party, for candidates for United States
398 senator, United States representative, governor, lieutenant governor, attorney general, state
399 treasurer, and state auditor, and for legislative candidates whose legislative districts encompass
400 more than one county, and the county central committee of a political party, for all other party
401 candidates seeking an office elected at a regular general election, may certify the name of
402 another candidate to the appropriate election officer if:
403 (a) for a registered political party that will have a candidate on a ballot in a primary
404 election, after the close of the period for filing a declaration of candidacy and continuing
405 through the day before the day on which the lieutenant governor [
406 provides the list described in Subsection 20A-9-403 [
407 (i) only one or two candidates from that party have filed a declaration of candidacy for
408 that office; and
409 (ii) one or both:
410 (A) dies;
411 (B) resigns because of acquiring a physical or mental disability, certified by a
412 physician, that prevents the candidate from continuing the candidacy; or
413 (C) is disqualified by an election officer for improper filing or nominating procedures;
414 (b) for a registered political party that does not have a candidate on the ballot in a
415 primary, but that will have a candidate on the ballot for a general election, after the close of the
416 period for filing a declaration of candidacy and continuing through the day before the day on
417 which the lieutenant governor makes the certification described in Section 20A-5-409 , the
418 party's candidate:
419 (i) dies;
420 (ii) resigns because of acquiring a physical or mental disability as certified by a
421 physician;
422 (iii) is disqualified by an election officer for improper filing or nominating procedures;
423 or
424 (iv) resigns to become a candidate for president or vice president of the United States;
425 or
426 (c) for a registered political party with a candidate certified as winning a primary
427 election, after the deadline described in Subsection (1)(a) and continuing through the day
428 before that day on which the lieutenant governor makes the certification described in Section
429 20A-5-409 , the party's candidate:
430 (i) dies;
431 (ii) resigns because of acquiring a physical or mental disability as certified by a
432 physician;
433 (iii) is disqualified by an election officer for improper filing or nominating procedures;
434 or
435 (iv) resigns to become a candidate for president or vice president of the United States.
436 (2) If no more than two candidates from a political party have filed a declaration of
437 candidacy for an office elected at a regular general election and one resigns to become the party
438 candidate for another position, the state central committee of that political party, for candidates
439 for governor, lieutenant governor, attorney general, state treasurer, and state auditor, and for
440 legislative candidates whose legislative districts encompass more than one county, and the
441 county central committee of that political party, for all other party candidates, may certify the
442 name of another candidate to the appropriate election officer.
443 (3) Each replacement candidate shall file a declaration of candidacy as required by
444 Title 20A, Chapter 9, Part 2, Candidate Qualifications and Declarations of Candidacy.
445 (4) (a) The name of a candidate who is certified under Subsection (1)(a) after the
446 deadline described in Subsection (1)(a) may not appear on the primary election ballot.
447 (b) The name of a candidate who is certified under Subsection (1)(b) after the deadline
448 described in Subsection (1)(b) may not appear on the general election ballot.
449 (c) The name of a candidate who is certified under Subsection (1)(c) after the deadline
450 described in Subsection (1)(c) may not appear on the general election ballot.
451 Section 4. Section 20A-5-101 is amended to read:
452 20A-5-101. Notice of election.
453 (1) On or before [
454 election year, the lieutenant governor shall prepare and transmit a written notice to each county
455 clerk that:
456 (a) designates the offices to be filled at the next year's regular general election;
457 (b) identifies the dates for filing a declaration of candidacy, and for submitting and
458 certifying nomination petition signatures under Section 20A-9-403 , for those offices;
459 (c) includes the master ballot position list for [
460 the year following as established under Section 20A-6-305 ; and
461 (d) contains a description of any ballot propositions to be decided by the voters that
462 have qualified for the ballot as of that date.
463 (2) (a) No later than [
464 election year, each county clerk shall:
465 (i) publish a notice:
466 (A) once in a newspaper published in that county; and
467 (B) as required in Section 45-1-101 ; or
468 (ii) (A) cause a copy of the notice to be posted in a conspicuous place most likely to
469 give notice of the election to the voters in each voting precinct within the county; and
470 (B) prepare an affidavit of that posting, showing a copy of the notice and the places
471 where the notice was posted.
472 (b) The notice required by Subsection (2)(a) shall:
473 (i) designate the offices to be voted on in that election in that county, other than local
474 district offices; and
475 (ii) identify the dates for filing a declaration of candidacy for those offices.
476 (3) Before each election, the election officer shall give written or printed notice of:
477 (a) the date and place of election;
478 (b) the hours during which the polls will be open;
479 (c) the polling places for each voting precinct;
480 (d) an election day voting center designated under Section 20A-3-703 ; and
481 (e) the qualifications for persons to vote in the election.
482 (4) To provide the notice required by Subsection (3), the election officer shall publish
483 the notice at least two days before the election:
484 (a) in a newspaper of general circulation common to the area or in which the election is
485 being held; and
486 (b) as required in Section 45-1-101 .
487 Section 5. Section 20A-6-301 is amended to read:
488 20A-6-301. Paper ballots -- Regular general election.
489 (1) Each election officer shall ensure that:
490 (a) all paper ballots furnished for use at the regular general election contain:
491 (i) no captions or other endorsements except as provided in this section;
492 (ii) no symbols, markings, or other descriptions of a political party or group, except for
493 a registered political party that has chosen to nominate its candidates in accordance with
494 Section 20A-9-403 ; and
495 (iii) no indication that a candidate for elective office has been nominated by, or has
496 been endorsed by, or is in any way affiliated with a political party or group, unless the
497 candidate has been nominated by a registered political party in accordance with Subsection
498 20A-9-202 (4) or Subsection 20A-9-403 (5).
499 (b) (i) the paper ballot contains a ballot stub at least one inch wide, placed across the
500 top of the ballot, and divided from the rest of ballot by a perforated line;
501 (ii) the ballot number and the words "Poll Worker's Initial ____" are printed on the
502 stub; and
503 (iii) ballot stubs are numbered consecutively;
504 (c) immediately below the perforated ballot stub, the following endorsements are
505 printed in 18 point bold type:
506 (i) "Official Ballot for ____ County, Utah";
507 (ii) the date of the election; and
508 (iii) a facsimile of the signature of the county clerk and the words "county clerk";
509 (d) each ticket is placed in a separate column on the ballot in the order specified under
510 Section 20A-6-305 with the party emblem, followed by the party name, at the head of the
511 column;
512 (e) the party name or title is printed in capital letters not less than one-fourth of an inch
513 high;
514 (f) a circle one-half inch in diameter is printed immediately below the party name or
515 title, and the top of the circle is placed not less than two inches below the perforated line;
516 (g) unaffiliated candidates [
517 party, and all other candidates for elective office who were not nominated by a registered
518 political party in accordance with Subsection 20A-9-202 (4) or Subsection 20A-9-403 (5), are
519 listed in one column in the order specified under Section 20A-6-305 , without a party circle,
520 with the following instructions printed at the head of the column: "All candidates not affiliated
521 with a political party are listed below. They are to be considered with all offices and
522 candidates listed to the left. Only one vote is allowed for each office.";
523 (h) the columns containing the lists of candidates, including the party name and device,
524 are separated by heavy parallel lines;
525 (i) the offices to be filled are plainly printed immediately above the names of the
526 candidates for those offices;
527 (j) the names of candidates are printed in capital letters, not less than one-eighth nor
528 more than one-fourth of an inch high in heavy-faced type not smaller than 10 point, between
529 lines or rules three-eighths of an inch apart;
530 (k) a square with sides measuring not less than one-fourth of an inch in length is
531 printed immediately adjacent to the name of each candidate;
532 (l) for the offices of president and vice president and governor and lieutenant governor,
533 one square with sides measuring not less than one-fourth of an inch in length is printed on the
534 same side as but opposite a double bracket enclosing the names of the two candidates;
535 (m) immediately adjacent to the unaffiliated ticket on the ballot, the ballot contains a
536 write-in column long enough to contain as many written names of candidates as there are
537 persons to be elected with:
538 (i) for each office on the ballot, the office to be filled plainly printed immediately
539 above:
540 (A) a blank, horizontal line to enable the entry of a valid write-in candidate and a
541 square with sides measuring not less than one-fourth of an inch in length printed immediately
542 adjacent to the blank horizontal line; or
543 (B) for the offices of president and vice president and governor and lieutenant
544 governor, two blank horizontal lines, one placed above the other, to enable the entry of two
545 valid write-in candidates, and one square with sides measuring not less than one-fourth of an
546 inch in length printed on the same side as but opposite a double bracket enclosing the two
547 blank horizontal lines; and
548 (ii) the words "Write-In Voting Column" printed at the head of the column without a
549 one-half inch circle;
550 (n) when required, the ballot includes a nonpartisan ticket placed immediately adjacent
551 to the write-in ticket with the word "NONPARTISAN" in reverse type in an 18 point solid rule
552 running vertically the full length of the nonpartisan ballot copy; and
553 (o) constitutional amendments or other questions submitted to the vote of the people,
554 are printed on the ballot after the list of candidates.
555 (2) Each election officer shall ensure that:
556 (a) each person nominated by any registered political party [
557 under Subsection 20A-9-202 (4) or Subsection 20A-9-403 (5), and no other person, is placed on
558 the ballot:
559 (i) under the [
560 (ii) under the title of the registered political party [
561 their certificates of nomination or petition, or, if none is designated, then under some suitable
562 title;
563 (b) the names of all unaffiliated candidates that qualify as required in Title 20A,
564 Chapter 9, Part 5, Candidates not Affiliated with a Party, are placed on the ballot;
565 (c) the names of the candidates for president and vice president are used on the ballot
566 instead of the names of the presidential electors; and
567 (d) the ballots contain no other names.
568 (3) When the ballot contains a nonpartisan section, the election officer shall ensure
569 that:
570 (a) the designation of the office to be filled in the election and the number of
571 candidates to be elected are printed in type not smaller than eight point;
572 (b) the words designating the office are printed flush with the left-hand margin;
573 (c) the words, "Vote for one" or "Vote for up to _____ (the number of candidates for
574 which the voter may vote)" extend to the extreme right of the column;
575 (d) the nonpartisan candidates are grouped according to the office for which they are
576 candidates;
577 (e) the names in each group are placed in the order specified under Section 20A-6-305
578 with the surnames last; and
579 (f) each group is preceded by the designation of the office for which the candidates
580 seek election, and the words, "Vote for one" or "Vote for up to _____ (the number of
581 candidates for which the voter may vote)," according to the number to be elected.
582 (4) Each election officer shall ensure that:
583 (a) proposed amendments to the Utah Constitution are listed on the ballot in
584 accordance with Section 20A-6-107 ;
585 (b) ballot propositions submitted to the voters are listed on the ballot in accordance
586 with Section 20A-6-107 ; and
587 (c) bond propositions that have qualified for the ballot are listed on the ballot under the
588 title assigned to each bond proposition under Section 11-14-206 .
589 Section 6. Section 20A-6-302 is amended to read:
590 20A-6-302. Paper ballots -- Placement of candidates' names.
591 (1) Each election officer shall ensure, for paper ballots in regular general elections,
592 that:
593 (a) each candidate is listed by party, if nominated by a registered political party under
594 Subsection 20A-9-202 (4) or Subsection 20A-9-403 (5);
595 (b) candidates' surnames are listed in alphabetical order on the ballots when two or
596 more candidates' names are required to be listed on a ticket under the title of an office; and
597 (c) the names of candidates are placed on the ballot in the order specified under Section
598 20A-6-305 .
599 (2) (a) When there is only one candidate for county attorney at the regular general
600 election in counties that have three or fewer registered voters of the county who are licensed
601 active members in good standing of the Utah State Bar, the county clerk shall cause that
602 candidate's name and party affiliation, if any, to be placed on a separate section of the ballot
603 with the following question: "Shall (name of candidate) be elected to the office of county
604 attorney? Yes ____ No ____."
605 (b) If the number of "Yes" votes exceeds the number of "No" votes, the candidate is
606 elected to the office of county attorney.
607 (c) If the number of "No" votes exceeds the number of "Yes" votes, the candidate is not
608 elected and may not take office, nor may the candidate continue in the office past the end of the
609 term resulting from any prior election or appointment.
610 (d) When the name of only one candidate for county attorney is printed on the ballot
611 under authority of this Subsection (2), the county clerk may not count any write-in votes
612 received for the office of county attorney.
613 (e) If no qualified person files for the office of county attorney or if the candidate is not
614 elected by the voters, the county legislative body shall appoint the county attorney as provided
615 in Section 20A-1-509.2 .
616 (f) If the candidate whose name would, except for this Subsection (2)(f), be placed on
617 the ballot under Subsection (2)(a) has been elected on a ballot under Subsection (2)(a) to the
618 two consecutive terms immediately preceding the term for which the candidate is seeking
619 election, Subsection (2)(a) does not apply and that candidate shall be considered to be an
620 unopposed candidate the same as any other unopposed candidate for another office, unless a
621 petition is filed with the county clerk before the date of that year's primary election that:
622 (i) requests the procedure set forth in Subsection (2)(a) to be followed; and
623 (ii) contains the signatures of registered voters in the county representing in number at
624 least 25% of all votes cast in the county for all candidates for governor at the last election at
625 which a governor was elected.
626 (3) (a) When there is only one candidate for district attorney at the regular general
627 election in a prosecution district that has three or fewer registered voters of the district who are
628 licensed active members in good standing of the Utah State Bar, the county clerk shall cause
629 that candidate's name and party affiliation, if any, to be placed on a separate section of the
630 ballot with the following question: "Shall (name of candidate) be elected to the office of district
631 attorney? Yes ____ No ____."
632 (b) If the number of "Yes" votes exceeds the number of "No" votes, the candidate is
633 elected to the office of district attorney.
634 (c) If the number of "No" votes exceeds the number of "Yes" votes, the candidate is not
635 elected and may not take office, nor may the candidate continue in the office past the end of the
636 term resulting from any prior election or appointment.
637 (d) When the name of only one candidate for district attorney is printed on the ballot
638 under authority of this Subsection (3), the county clerk may not count any write-in votes
639 received for the office of district attorney.
640 (e) If no qualified person files for the office of district attorney, or if the only candidate
641 is not elected by the voters under this subsection, the county legislative body shall appoint a
642 new district attorney for a four-year term as provided in Section 20A-1-509.2 .
643 (f) If the candidate whose name would, except for this Subsection (3)(f), be placed on
644 the ballot under Subsection (3)(a) has been elected on a ballot under Subsection (3)(a) to the
645 two consecutive terms immediately preceding the term for which the candidate is seeking
646 election, Subsection (3)(a) does not apply and that candidate shall be considered to be an
647 unopposed candidate the same as any other unopposed candidate for another office, unless a
648 petition is filed with the county clerk before the date of that year's primary election that:
649 (i) requests the procedure set forth in Subsection (3)(a) to be followed; and
650 (ii) contains the signatures of registered voters in the county representing in number at
651 least 25% of all votes cast in the county for all candidates for governor at the last election at
652 which a governor was elected.
653 Section 7. Section 20A-6-303 is amended to read:
654 20A-6-303. Regular general election -- Ballot sheets.
655 (1) Each election officer shall ensure that:
656 (a) copy on the ballot sheets or ballot labels, as applicable, are arranged in
657 approximately the same order as paper ballots;
658 (b) the titles of offices and the names of candidates are printed in vertical columns or in
659 a series of separate pages;
660 (c) the ballot sheet or any pages used for the ballot label are of sufficient number to
661 include, after the list of candidates:
662 (i) the names of candidates for judicial offices and any other nonpartisan offices; and
663 (ii) any ballot propositions submitted to the voters for their approval or rejection;
664 (d) (i) a voting square or position is included where the voter may record a straight
665 party ticket vote for all the candidates of one party by one mark or punch; and
666 (ii) the name of each political party listed in the straight party selection area includes
667 the word "party" at the end of the party's name;
668 (e) the tickets are printed in the order specified under Section 20A-6-305 ;
669 (f) the office titles are printed immediately adjacent to the names of candidates so as to
670 indicate clearly the candidates for each office and the number to be elected;
671 (g) the party designation of each candidate who has been nominated by a registered
672 political party under Subsection 20A-9-202 (4) or Subsection 20A-9-403 (5) is printed
673 immediately adjacent to the candidate's name; and
674 (h) (i) if possible, all candidates for one office are grouped in one column or upon one
675 page;
676 (ii) if all candidates for one office cannot be listed in one column or grouped on one
677 page:
678 (A) the ballot sheet or ballot label shall be clearly marked to indicate that the list of
679 candidates is continued on the following column or page; and
680 (B) approximately the same number of names shall be printed in each column or on
681 each page.
682 (2) Each election officer shall ensure that:
683 (a) proposed amendments to the Utah Constitution are listed in accordance with
684 Section 20A-6-107 ;
685 (b) ballot propositions submitted to the voters are listed in accordance with Section
686 20A-6-107 ; and
687 (c) bond propositions that have qualified for the ballot are listed under the title
688 assigned to each bond proposition under Section 11-14-206 .
689 Section 8. Section 20A-6-304 is amended to read:
690 20A-6-304. Regular general election -- Electronic ballots.
691 (1) Each election officer shall ensure that:
692 (a) the format and content of the electronic ballot is arranged in approximately the
693 same order as paper ballots;
694 (b) the titles of offices and the names of candidates are displayed in vertical columns or
695 in a series of separate display screens;
696 (c) the electronic ballot is of sufficient length to include, after the list of candidates:
697 (i) the names of candidates for judicial offices and any other nonpartisan offices; and
698 (ii) any ballot propositions submitted to the voters for their approval or rejection;
699 (d) (i) a voting square or position is included where the voter may record a straight
700 party ticket vote for all the candidates of one party by making a single selection; and
701 (ii) the name of each political party listed in the straight party selection area includes
702 the word "party" at the end of the party's name;
703 (e) the tickets are displayed in the order specified under Section 20A-6-305 ;
704 (f) the office titles are displayed above or at the side of the names of candidates so as to
705 indicate clearly the candidates for each office and the number to be elected;
706 (g) the party designation of each candidate who has been nominated by a registered
707 political party under Subsection 20A-9-202 (4) or Subsection 20A-9-403 (5) is displayed
708 adjacent to the candidate's name; and
709 (h) if possible, all candidates for one office are grouped in one column or upon one
710 display screen.
711 (2) Each election officer shall ensure that:
712 (a) proposed amendments to the Utah Constitution are displayed in accordance with
713 Section 20A-6-107 ;
714 (b) ballot propositions submitted to the voters are displayed in accordance with Section
715 20A-6-107 ; and
716 (c) bond propositions that have qualified for the ballot are displayed under the title
717 assigned to each bond proposition under Section 11-14-206 .
718 Section 9. Section 20A-6-305 is amended to read:
719 20A-6-305. Master ballot position list -- Random selection -- Procedures --
720 Publication -- Surname -- Exemptions.
721 (1) As used in this section, "master ballot position list" means an official list of the 26
722 characters in the alphabet listed in random order and numbered from one to 26 as provided
723 under Subsection (2).
724 (2) The lieutenant governor shall:
725 (a) [
726 each regular general election, conduct a random selection to establish the master ballot position
727 list for the [
728 procedures established under Subsection (2)(c);
729 (b) publish the master ballot position lists on the lieutenant governor's election website
730 on or before [
731 [
732 (c) establish written procedures for:
733 (i) the election official to use the master ballot position list; and
734 (ii) the lieutenant governor in:
735 (A) conducting the random selection in a fair manner; and
736 (B) providing a record of the random selection process used.
737 (3) In accordance with the written procedures established under Subsection (2)(c)(i), an
738 election officer shall use the master ballot position list for the current year to determine the
739 order in which to list candidates on the ballot for an election held during the year.
740 (4) To determine the order in which to list candidates on the ballot required under
741 Subsection (3), the election officer shall apply the randomized alphabet using:
742 (a) the candidate's surname;
743 (b) for candidates with a surname that has the same spelling, the candidate's given
744 name;
745 (c) the surname of the president and the surname of the governor for an election for the
746 offices of president and vice president and governor and lieutenant governor; and
747 (d) if the ballot provides for a ticket or a straight party ticket, the registered political
748 party name.
749 (5) This section does not apply to:
750 (a) an election for an office for which only one candidate is listed on the ballot; or
751 (b) a judicial retention election under Section 20A-12-201 .
752 Section 10. Section 20A-9-101 is amended to read:
753 20A-9-101. Definitions.
754 As used in this chapter:
755 (1) (a) "Candidates for elective office" means persons [
756
757 in a regular general election for a federal office, constitutional office, multicounty office, or
758 county office.
759 (b) "Candidates for elective office" does not mean candidates for:
760 (i) justice or judge of court of record or not of record;
761 (ii) presidential elector;
762 (iii) any political party offices; and
763 (iv) municipal or local district offices.
764 (2) "Constitutional office" means the state offices of governor, lieutenant governor,
765 attorney general, state auditor, and state treasurer.
766 (3) "Continuing political party" is as defined in Section 20A-8-101 .
767 [
768 by voters entirely within one county.
769 (b) "County office" does not mean:
770 (i) the office of justice or judge of any court of record or not of record;
771 (ii) the office of presidential elector;
772 (iii) any political party offices;
773 (iv) any municipal or local district offices; and
774 (v) the office of United States Senator and United States Representative.
775 [
776 States Representative.
777 [
778 (a) the lieutenant governor, for:
779 [
780 [
781 [
782 (b) the county clerk, for county offices and local school district offices, and the county
783 clerk in the filer's county of residence, for multicounty offices;
784 (c) the city or town clerk, for municipal offices; and
785 (d) the local district clerk, for local district offices.
786 [
787 [
788 local district offices and other elective offices selected by the voters from a political division
789 entirely within one county.
790 [
791 selected by the voters from more than one county.
792 (b) "Multicounty office" does not mean:
793 (i) a county office;
794 (ii) a federal office;
795 (iii) the office of justice or judge of any court of record or not of record;
796 (iv) the office of presidential elector;
797 (v) any political party offices; and
798 (vi) any municipal or local district offices.
799 [
800 [
801 is elected and that an office holder represents.
802 (b) "Political division" includes a county, a city, a town, a local district, a school
803 district, a legislative district, and a county prosecution district.
804 (12) "Qualified political party" means a registered political party that:
805 (a) permits voters who are unaffiliated with any political party to vote for the registered
806 political party's candidates in a primary election;
807 (b) (i) permits a delegate for the registered political party to vote on a candidate
808 nomination in the registered political party's convention remotely; or
809 (ii) provides a procedure for designating an alternate delegate if a delegate is not
810 present at the registered political party's convention;
811 (c) does not hold the registered political party's convention before April 1 of an
812 even-numbered year;
813 (d) permits a member of the registered political party to seek the registered political
814 party's nomination for any elective office by the member choosing to seek the nomination by
815 either or both of the following methods:
816 (i) seeking the nomination through the registered political party's convention process,
817 in accordance with the provisions of Section 20A-9-407 ; or
818 (ii) seeking the nomination by collecting signatures, in accordance with the provisions
819 of Section 20A-9-408 ; and
820 (e) no later than 5 p.m. on September 30 of an odd-numbered year, certifies to the
821 lieutenant governor that, for the election in the following year, the registered political party
822 intends to nominate the registered political party's candidates in accordance with the provisions
823 of Sections 20A-9-407 and 20A-9-408 .
824 Section 11. Section 20A-9-201 is amended to read:
825 20A-9-201. Declarations of candidacy -- Candidacy for more than one office or of
826 more than one political party prohibited with exceptions -- General filing and form
827 requirements -- Affidavit of impecuniosity.
828 (1) Before filing a declaration of candidacy for election to any office, a person shall:
829 (a) be a United States citizen; [
830 (b) meet the legal requirements of that office[
831 (c) if seeking a registered political party's nomination as a candidate for elective office,
832 designate that registered political party as their preferred party affiliation on their declaration of
833 candidacy.
834 (2) (a) Except as provided in Subsection (2)(b), a person may not:
835 (i) file a declaration of candidacy for, or be a candidate for, more than one office in
836 Utah during any election year; or
837 (ii) appear on the ballot as the candidate of more than one political party.
838 (b) (i) A person may file a declaration of candidacy for, or be a candidate for, president
839 or vice president of the United States and another office, if the person resigns the person's
840 candidacy for the other office after the person is officially nominated for president or vice
841 president of the United States.
842 (ii) A person may file a declaration of candidacy for, or be a candidate for, more than
843 one justice court judge office.
844 (iii) A person may file a declaration of candidacy for lieutenant governor even if the
845 person filed a declaration of candidacy for another office in the same election year if the person
846 withdraws as a candidate for the other office in accordance with Subsection 20A-9-202 (6)
847 before filing the declaration of candidacy for lieutenant governor.
848 (3) (a) (i) Except for presidential candidates, before the filing officer may accept any
849 declaration of candidacy, the filing officer shall:
850 (A) read to the prospective candidate the constitutional and statutory qualification
851 requirements for the office that the candidate is seeking; and
852 (B) require the candidate to state whether or not the candidate meets those
853 requirements.
854 (ii) Before accepting a declaration of candidacy for the office of county attorney, the
855 county clerk shall ensure that the person filing that declaration of candidacy is:
856 (A) a United States citizen;
857 (B) an attorney licensed to practice law in Utah who is an active member in good
858 standing of the Utah State Bar;
859 (C) a registered voter in the county in which the person is seeking office; and
860 (D) a current resident of the county in which the person is seeking office and either has
861 been a resident of that county for at least one year or was appointed and is currently serving as
862 county attorney and became a resident of the county within 30 days after appointment to the
863 office.
864 (iii) Before accepting a declaration of candidacy for the office of district attorney, the
865 county clerk shall ensure that, as of the date of the election, the person filing that declaration of
866 candidacy is:
867 (A) a United States citizen;
868 (B) an attorney licensed to practice law in Utah who is an active member in good
869 standing of the Utah State Bar;
870 (C) a registered voter in the prosecution district in which the person is seeking office;
871 and
872 (D) a current resident of the prosecution district in which the person is seeking office
873 and either will have been a resident of that prosecution district for at least one year as of the
874 date of the election or was appointed and is currently serving as district attorney and became a
875 resident of the prosecution district within 30 days after receiving appointment to the office.
876 (iv) Before accepting a declaration of candidacy for the office of county sheriff, the
877 county clerk shall ensure that the person filing the declaration of candidacy:
878 (A) as of the date of filing:
879 (I) is a United States citizen;
880 (II) is a registered voter in the county in which the person seeks office;
881 (III) (Aa) has successfully met the standards and training requirements established for
882 law enforcement officers under Title 53, Chapter 6, Part 2, Peace Officer Training and
883 Certification Act; or
884 (Bb) has met the waiver requirements in Section 53-6-206 ; and
885 (IV) is qualified to be certified as a law enforcement officer, as defined in Section
886 53-13-103 ; and
887 (B) as of the date of the election, shall have been a resident of the county in which the
888 person seeks office for at least one year.
889 (v) Before accepting a declaration of candidacy for the office of governor, lieutenant
890 governor, state auditor, state treasurer, attorney general, state legislator, or State Board of
891 Education member, the filing officer shall ensure:
892 (A) that the person filing the declaration of candidacy also files the financial disclosure
893 required by Section 20A-11-1603 ; and
894 (B) if the filing officer is not the lieutenant governor, that the financial disclosure is
895 provided to the lieutenant governor according to the procedures and requirements of Section
896 20A-11-1603 .
897 (b) If the prospective candidate states that the qualification requirements for the office
898 are not met, the filing officer may not accept the prospective candidate's declaration of
899 candidacy.
900 (c) If the candidate meets the requirements of Subsection (3)(a) and states that the
901 requirements of candidacy are met, the filing officer shall:
902 (i) inform the candidate that:
903 (A) the candidate's name will appear on the ballot as it is written on the declaration of
904 candidacy;
905 (B) the candidate may be required to comply with state or local campaign finance
906 disclosure laws; and
907 (C) the candidate is required to file a financial statement before the candidate's political
908 convention under:
909 (I) Section 20A-11-204 for a candidate for constitutional office;
910 (II) Section 20A-11-303 for a candidate for the Legislature; or
911 (III) local campaign finance disclosure laws, if applicable;
912 (ii) except for a presidential candidate, provide the candidate with a copy of the current
913 campaign financial disclosure laws for the office the candidate is seeking and inform the
914 candidate that failure to comply will result in disqualification as a candidate and removal of the
915 candidate's name from the ballot;
916 (iii) provide the candidate with a copy of Section 20A-7-801 regarding the Statewide
917 Electronic Voter Information Website Program and inform the candidate of the submission
918 deadline under Subsection 20A-7-801 (4)(a);
919 (iv) provide the candidate with a copy of the pledge of fair campaign practices
920 described under Section 20A-9-206 and inform the candidate that:
921 (A) signing the pledge is voluntary; and
922 (B) signed pledges shall be filed with the filing officer;
923 (v) accept the candidate's declaration of candidacy; and
924 (vi) if the candidate has filed for a partisan office, provide a certified copy of the
925 declaration of candidacy to the chair of the county or state political party of which the
926 candidate is a member.
927 (d) If the candidate elects to sign the pledge of fair campaign practices, the filing
928 officer shall:
929 (i) accept the candidate's pledge; and
930 (ii) if the candidate has filed for a partisan office, provide a certified copy of the
931 candidate's pledge to the chair of the county or state political party of which the candidate is a
932 member.
933 (4) (a) Except for presidential candidates, the form of the declaration of candidacy shall
934 be substantially as follows:
935 "State of Utah, County of ____
936 I, ______________, declare my [
937 for the office of ____ [
938 which is my preferred political party affiliation. I do solemnly swear that: I will meet
939 the qualifications to hold the office, both legally and constitutionally, if selected; I
940 reside at _____________ in the City or Town of ____, Utah, Zip Code ____ Phone No.
941 ____; I will not knowingly violate any law governing campaigns and elections; I will
942 file all campaign financial disclosure reports as required by law; and I understand that
943 failure to do so will result in my disqualification as a candidate for this office and
944 removal of my name from the ballot. The mailing address that I designate for receiving
945 official election notices is ___________________________.
946 ____________________________________________________________________
947 Subscribed and sworn before me this __________(month\day\year).
948
Notary Public (or other officer qualified to administer oath.)"
949 (b) An agent designated to file a declaration of candidacy under Section 20A-9-202
950 may not sign the form described in Subsection (4)(a).
951 (5) (a) Except for presidential candidates, the fee for filing a declaration of candidacy
952 is:
953 (i) $50 for candidates for the local school district board; and
954 (ii) $50 plus 1/8 of 1% of the total salary for the full term of office legally paid to the
955 person holding the office for all other federal, state, and county offices.
956 (b) Except for presidential candidates, the filing officer shall refund the filing fee to
957 any candidate:
958 (i) who is disqualified; or
959 (ii) who the filing officer determines has filed improperly.
960 (c) (i) The county clerk shall immediately pay to the county treasurer all fees received
961 from candidates.
962 (ii) The lieutenant governor shall:
963 (A) apportion to and pay to the county treasurers of the various counties all fees
964 received for filing of nomination certificates or acceptances; and
965 (B) ensure that each county receives that proportion of the total amount paid to the
966 lieutenant governor from the congressional district that the total vote of that county for all
967 candidates for representative in Congress bears to the total vote of all counties within the
968 congressional district for all candidates for representative in Congress.
969 (d) (i) A person who is unable to pay the filing fee may file a declaration of candidacy
970 without payment of the filing fee upon a prima facie showing of impecuniosity as evidenced by
971 an affidavit of impecuniosity filed with the filing officer and, if requested by the filing officer,
972 a financial statement filed at the time the affidavit is submitted.
973 (ii) A person who is able to pay the filing fee may not claim impecuniosity.
974 (iii) (A) False statements made on an affidavit of impecuniosity or a financial
975 statement filed under this section shall be subject to the criminal penalties provided under
976 Sections 76-8-503 and 76-8-504 and any other applicable criminal provision.
977 (B) Conviction of a criminal offense under Subsection (5)(d)(iii)(A) shall be
978 considered an offense under this title for the purposes of assessing the penalties provided in
979 Subsection 20A-1-609 (2).
980 (iv) The filing officer shall ensure that the affidavit of impecuniosity is printed in
981 substantially the following form:
982 "Affidavit of Impecuniosity
983 Individual Name
984 ____________________________Address_____________________________
985 Phone Number _________________
986 I,__________________________(name), do solemnly [swear] [affirm], under penalty of law
987 for false statements, that, owing to my poverty, I am unable to pay the filing fee required by
988 law.
989 Date ______________ Signature________________________________________________
990 Affiant
991 Subscribed and sworn to before me on ___________ (month\day\year)
992
______________________
993
(signature)
994 Name and Title of Officer Authorized to Administer Oath
______________________"
995 (v) The filing officer shall provide to a person who requests an affidavit of
996 impecuniosity a statement printed in substantially the following form, which may be included
997 on the affidavit of impecuniosity:
998 "Filing a false statement is a criminal offense. In accordance with Section 20A-1-609 , a
999 candidate who is found guilty of filing a false statement, in addition to being subject to criminal
1000 penalties, will be removed from the ballot."
1001 (vi) The filing officer may request that a person who makes a claim of impecuniosity
1002 under this Subsection (5)(d) file a financial statement on a form prepared by the election
1003 official.
1004 (6) (a) If there is no legislative appropriation for the Western States Presidential
1005 Primary election, as provided in Part 8, Western States Presidential Primary, a candidate for
1006 president of the United States who is affiliated with a registered political party and chooses to
1007 participate in the regular primary election shall:
1008 (i) file a declaration of candidacy, in person or via a designated agent, with the
1009 lieutenant governor:
1010 (A) on a form developed and provided by the lieutenant governor; and
1011 (B) on or after the second Friday in March and before 5 p.m. on the third Thursday in
1012 March before the next regular primary election;
1013 (ii) identify the registered political party whose nomination the candidate is seeking;
1014 (iii) provide a letter from the registered political party certifying that the candidate may
1015 participate as a candidate for that party in that party's presidential primary election; and
1016 (iv) pay the filing fee of $500.
1017 (b) An agent designated to file a declaration of candidacy may not sign the form
1018 described in Subsection (6)(a)(i)(A).
1019 (7) Any person who fails to file a declaration of candidacy or certificate of nomination
1020 within the time provided in this chapter is ineligible for nomination to office.
1021 (8) A declaration of candidacy filed under this section may not be amended or
1022 modified after the final date established for filing a declaration of candidacy.
1023 Section 12. Section 20A-9-202 is amended to read:
1024 20A-9-202. Declarations of candidacy for regular general elections.
1025 (1) (a) Each person seeking to become a candidate for an elective office [
1026
1027 (i) file a declaration of candidacy in person with the [
1028
1029
1030 and before the candidate circulates nomination petitions under Section 20A-9-405 ; and
1031 (ii) pay the filing fee.
1032 [
1033
1034 [
1035
1036
1037 [
1038 [
1039 for multicounty office shall transmit the filing fee and a copy of the candidate's declaration of
1040 candidacy to the lieutenant governor within one working day after it is filed.
1041 [
1042 governor electronically or by telephone of [
1043 office.
1044 [
1045
1046 [
1047
1048
1049 [
1050 [
1051 attorney, or the office of president or vice president of the United States shall comply with the
1052 specific declaration of candidacy requirements established by this section.
1053 (2) (a) Each person intending to become a candidate for the office of district attorney
1054 within a multicounty prosecution district that is to be filled at the next regular general election
1055 shall:
1056 (i) file a declaration of candidacy with the clerk designated in the interlocal agreement
1057 creating the prosecution district on or after [
1058
1059 general election year, and before the candidate circulates nomination petitions under Section
1060 20A-9-405 ; and
1061 (ii) pay the filing fee.
1062 (b) The designated clerk shall provide to the county clerk of each county in the
1063 prosecution district a certified copy of each declaration of candidacy filed for the office of
1064 district attorney.
1065 (3) (a) [
1066 Monday after the third Saturday in April, each lieutenant governor candidate shall:
1067 (i) file a declaration of candidacy with the lieutenant governor; [
1068 (ii) pay the filing fee[
1069 (iii) submit a letter from a candidate for governor who has received certification for the
1070 primary-election ballot under Section 20A-9-403 that names the lieutenant governor candidate
1071 as a joint-ticket running mate.
1072 (b) [
1073
1074 shall [
1075 (4) Each registered political party shall:
1076 (a) certify the names of its candidates for president and vice president of the United
1077 States to the lieutenant governor no later than August 31; or
1078 (b) provide written authorization for the lieutenant governor to accept the certification
1079 of candidates for president and vice president of the United States from the national office of
1080 the registered political party.
1081 (5) (a) A declaration of candidacy filed under this section is valid unless a written
1082 objection is filed with the clerk or lieutenant governor within five days after the last day for
1083 filing.
1084 (b) If an objection is made, the clerk or lieutenant governor shall:
1085 (i) mail or personally deliver notice of the objection to the affected candidate
1086 immediately; and
1087 (ii) decide any objection within 48 hours after it is filed.
1088 (c) If the clerk or lieutenant governor sustains the objection, the candidate may cure the
1089 problem by amending the declaration or petition within three days after the objection is
1090 sustained or by filing a new declaration within three days after the objection is sustained.
1091 (d) (i) The clerk's or lieutenant governor's decision upon objections to form is final.
1092 (ii) The clerk's or lieutenant governor's decision upon substantive matters is reviewable
1093 by a district court if prompt application is made to the court.
1094 (iii) The decision of the district court is final unless the Supreme Court, in the exercise
1095 of its discretion, agrees to review the lower court decision.
1096 (6) Any person who filed a declaration of candidacy may withdraw as a candidate by
1097 filing a written affidavit with the clerk.
1098 (7) Except as provided in Subsection 20A-9-201 (4)(b), notwithstanding a requirement
1099 in this section to file a declaration of candidacy in person, a person may designate an agent to
1100 file the form described in Subsection 20A-9-201 (4) in person with the filing officer if:
1101 (a) the person is located outside the state during the filing period because:
1102 (i) of employment with the state or the United States; or
1103 (ii) the person is a member of:
1104 (A) the active or reserve components of the Army, Navy, Air Force, Marine Corps, or
1105 Coast Guard of the United States who is on active duty;
1106 (B) the Merchant Marine, the commissioned corps of the Public Health Service, or the
1107 commissioned corps of the National Oceanic and Atmospheric Administration of the United
1108 States; or
1109 (C) the National Guard on activated status;
1110 (b) the person communicates with the filing officer using an electronic device that
1111 allows the person and filing officer to see and hear each other; and
1112 (c) the person provides the filing officer with an email address to which the filing
1113 officer may send the copies described in Subsection 20A-9-201 (3).
1114 Section 13. Section 20A-9-403 is amended to read:
1115 20A-9-403. Regular primary elections.
1116 (1) (a) Candidates for elective office that are to be filled at the next regular general
1117 election shall be nominated in a regular primary election by direct vote of the people in the
1118 manner prescribed in this section. The fourth Tuesday of June of each even-numbered year is
1119 designated as regular primary election day. Nothing in this section shall affect a candidate's
1120 ability to qualify for a regular general election's ballot as an unaffiliated candidate under
1121 Section 20A-9-501 or to participate in a regular general election as a write-in candidate under
1122 Section 20A-9-601 .
1123 (b) Each registered political party that chooses to [
1124
1125 affiliation on the ballot at a regular general election shall comply with the requirements of this
1126 section and shall nominate its candidates for elective office in the manner prescribed in this
1127 section.
1128 (c) A filing officer may not permit an official ballot at a regular general election to be
1129 produced or used if the ballot denotes affiliation between a registered political party or any
1130 other political group and a candidate for elective office who was not nominated in the manner
1131 prescribed in this section or in Subsection 20A-9-202 (4).
1132 (d) Unless noted otherwise, the dates in this section refer to those that occur in each
1133 even-numbered year in which a regular general election will be held.
1134 (2) (a) [
1135 political party [
1136 lieutenant governor, shall:
1137 (i) either declare their intent to participate in the next regular primary election or
1138 declare that the registered political party chooses not to have the names of its candidates for
1139 elective office featured on the ballot at the next regular general election;
1140 (ii) if the registered political party participates in the upcoming regular primary
1141 election, identify one or more registered political parties whose members may vote for the
1142 registered political party's candidates and whether or not persons identified as unaffiliated with
1143 a political party may vote for the registered political party's candidates; and
1144 [
1145
1146 [
1147
1148 [
1149
1150
1151
1152 [
1153
1154
1155 [
1156
1157
1158
1159
1160 [
1161
1162
1163
1164 (iii) if the registered political party participates in the upcoming regular primary
1165 election, indicate whether it chooses to nominate unopposed candidates without their name
1166 appearing on the ballot, as described under Subsection (5)(c).
1167 (b) A registered political party that is a continuing political party must file the
1168 statement described in Subsection (2)(a) with the lieutenant governor no later than 5 p.m. on
1169 November 15 of each odd-numbered year. An organization that is seeking to become a
1170 registered political party under Section 20A-8-103 must file the statement described in
1171 Subsection (2)(b) no later than 5 p.m. on February 15.
1172 (3) (a) Except as provided in Subsection (3)(e), a person who has submitted a
1173 declaration of candidacy under Section 20A-9-202 shall appear as a candidate for elective
1174 office on the regular primary ballot of the registered political party listed on the declaration of
1175 candidacy only if the person is certified by the appropriate filing officer as having submitted a
1176 set of nomination petitions that was:
1177 (i) circulated and completed in accordance with Section 20A-9-405 ; and
1178 (ii) signed by at least two percent of the registered political party's members who reside
1179 in the political division of the office that the person seeks.
1180 (b) A candidate for elective office shall submit nomination petitions to the appropriate
1181 filing officer for verification and certification no later than 5 p.m. on the final day in March.
1182 Candidates may supplement their submissions at any time on or before the filing deadline.
1183 (c) The lieutenant governor shall determine for each elective office the total number of
1184 signatures that must be submitted under Subsection (3)(a)(ii) by counting the aggregate number
1185 of persons residing in each elective office's political division who have designated a particular
1186 registered political party on their voter registration forms as of November 1 of each
1187 odd-numbered year. The lieutenant governor shall publish this determination for each elective
1188 office no later than November 15 of each odd-numbered year.
1189 (d) The filing officer shall:
1190 (i) verify signatures on nomination petitions in a transparent and orderly manner;
1191 (ii) for all qualifying candidates for elective office who submitted nomination petitions
1192 to the filing officer, issue certifications referenced in Subsection (3)(a) no later than 5 p.m. on
1193 the first Monday after the third Saturday in April;
1194 (iii) consider active and inactive voters eligible to sign nomination petitions;
1195 (iv) consider a person who signs a nomination petition a member of a registered
1196 political party for purposes of Subsection (3)(a)(ii) if the person has designated that registered
1197 political party as their preferred party affiliation on their voter registration form prior to 5 p.m.
1198 on the final day in March; and
1199 (v) utilize procedures described in Section 20A-7-206.3 to verify submitted nomination
1200 petition signatures, or use statistical sampling procedures to verify submitted nomination
1201 petition signatures pursuant to rules issued by the lieutenant governor under Subsection (3)(f).
1202 (e) Notwithstanding any other provision in Subsection (3), a candidate for lieutenant
1203 governor may appear on the regular primary ballot of a registered political party without
1204 submitting nomination petitions if the candidate files a declaration of candidacy and complies
1205 with Subsection 20A-9-202 (3).
1206 (f) The lieutenant governor shall issue rules that provide for the use of statistical
1207 sampling procedures for filing officers to verify signatures under Subsection (3)(d). The
1208 statistical sampling procedures shall reflect a bona fide effort to determine the validity of a
1209 candidate's entire submission, using widely recognized statistical sampling techniques. The
1210 lieutenant governor may also issue supplemental rules and guidance that provide for the
1211 transparent, orderly, and timely submission, verification, and certification of nomination
1212 petition signatures.
1213 [
1214 [
1215 education to determine if more than two candidates have filed for the same seat;
1216 [
1217 for a local board of education seat on the nonpartisan section of the ballot if more than two
1218 candidates have filed for the same seat; and
1219 [
1220 ballot in accordance with Section 20A-6-305 .
1221 (4) (a) By 5 p.m. on the first Wednesday after the third Saturday in April, the lieutenant
1222 governor shall provide to the county clerks:
1223 (i) a list of the names of all candidates for federal, constitutional, multi-county, and
1224 county offices who have received certifications under Subsection (3), along with instructions
1225 on how those names shall appear on the primary-election ballot in accordance with Section
1226 20A-6-305 ; and
1227 (ii) a list of unopposed candidates for elective office who have been nominated by a
1228 registered political party under Subsection (5)(c) and instruct the county clerks to exclude such
1229 candidates from the primary-election ballot.
1230 (b) A candidate for lieutenant governor and a candidate for governor campaigning as
1231 joint-ticket running mates shall appear jointly on the primary-election ballot.
1232 [
1233
1234 primary election notice in substantially the following form:
1235 "Notice is given that a primary election will be held Tuesday, June ____,
1236 ________(year), to nominate party candidates for the parties and [
1237 candidates for nonpartisan local school board positions listed on the primary ballot. The
1238 polling place for voting precinct ____ is ____. The polls will open at 7 a.m. and continue open
1239 until 8 p.m. of the same day. Attest: county clerk."
1240 (5) (a) Candidates, other than presidential candidates, receiving the highest number of
1241 votes cast for each office at the regular primary election are nominated by their registered
1242 political party [
1243 nonpartisan local school board position.
1244 (b) If two or more candidates, other than presidential candidates, are to be elected to
1245 the office at the regular general election, those party candidates equal in number to positions to
1246 be filled who receive the highest number of votes at the regular primary election are the
1247 nominees of their party for those positions.
1248 (c) A candidate who is unopposed for an elective office in the regular primary election
1249 of a registered political party is nominated by the party for that office without appearing on the
1250 primary ballot, provided that the party has chosen to nominate unopposed candidates under
1251 Subsection (2)(a)(iii). A candidate is "unopposed" if no person other than the candidate has
1252 received a certification under Subsection (3) for the regular primary election ballot of the
1253 candidate's registered political party for a particular elective office.
1254 (6) (a) When a tie vote occurs in any primary election for any national, state, or other
1255 office that represents more than one county, the governor, lieutenant governor, and attorney
1256 general shall, at a public meeting called by the governor and in the presence of the candidates
1257 involved, select the nominee by lot cast in whatever manner the governor determines.
1258 (b) When a tie vote occurs in any primary election for any county office, the district
1259 court judges of the district in which the county is located shall, at a public meeting called by
1260 the judges and in the presence of the candidates involved, select the nominee by lot cast in
1261 whatever manner the judges determine.
1262 (7) The expense of providing all ballots, blanks, or other supplies to be used at any
1263 primary election provided for by this section, and all expenses necessarily incurred in the
1264 preparation for or the conduct of that primary election shall be paid out of the treasury of the
1265 county or state, in the same manner as for the regular general elections.
1266 Section 14. Section 20A-9-405 is enacted to read:
1267 20A-9-405. Nomination petitions for regular primary elections.
1268 (1) This section shall apply to the form and circulation of nomination petitions for
1269 regular primary elections described in Subsection 20A-9-403 (3)(a).
1270 (2) A candidate for elective office, and the agents of the candidate, may not circulate
1271 nomination petitions until the candidate has submitted a declaration of candidacy in accordance
1272 with Subsection 20A-9-202 (1).
1273 (3) The nomination petitions shall be in substantially the following form:
1274 (a) the petition shall be printed on paper 8-1/2 inches long and 11 inches wide;
1275 (b) the petition shall be ruled with a horizontal line 3/4 inch from the top, with the
1276 space above that line blank for purposes of binding;
1277 (c) the petition shall be headed by a caption stating the purpose of the petition and the
1278 name of the proposed candidate;
1279 (d) the petition shall feature the word "Warning" followed by the following statement
1280 in no less than eight-point, single leaded type: "It is a class A misdemeanor for anyone to
1281 knowingly sign a certificate of nomination signature sheet with any name other than the
1282 person's own name or more than once for the same candidate or if the person is not registered
1283 to vote in this state and does not intend to become registered to vote in this state before
1284 signatures are certified by a filing officer.";
1285 (e) the petition shall feature 10 lines spaced one-half inch apart and consecutively
1286 numbered one through 10;
1287 (f) the signature portion of the petition shall be divided into columns headed by the
1288 following titles:
1289 (i) Registered Voter's Printed Name;
1290 (ii) Signature of Registered Voter;
1291 (iii) Party Affiliation of Registered Voter;
1292 (iv) Birth Date or Age (Optional);
1293 (v) Street Address, City, Zip Code; and
1294 (vi) Date of Signature; and
1295 (g) a photograph of the candidate may appear on the nomination petition.
1296 (4) If one or more nomination petitions are bound together, a page shall be bound to
1297 the nomination petition(s) that features the following printed verification statement to be signed
1298 and dated by the petition circulator:
1299 "Verification
1300 State of Utah, County of ____
1301 I, ____, of ____, hereby state under that:
1302 I am a Utah resident and am at least 18 years old;
1303 All the names that appear on the signature sheets bound to this page were, to the best of
1304 my knowledge, signed by the persons who professed to be the persons whose names appear on
1305 the signature sheets, and each of them signed the person's name on the signature sheets in my
1306 presence;
1307 I believe that each has printed and signed the person's name and written the person's
1308 street address correctly, and that each signer is registered to vote in Utah or will register to vote
1309 in Utah before the county clerk certifies the signatures on the signature sheet."
1310 (5) The lieutenant governor shall prepare and make public model nomination petition
1311 forms and associated instructions.
1312 (6) A nomination petition circulator must be at least18 years old and a resident of the
1313 state, but may affiliate with any political party.
1314 (7) It is unlawful for any person to:
1315 (a) knowingly sign the nomination petition sheet described in Subsection (3):
1316 (i) with any name other than the person's own name;
1317 (ii) more than once for the same candidate; or
1318 (iii) if the person is not registered to vote in this state and does not intend to become
1319 registered to vote in this state prior to 5 p.m. on the final day in March;
1320 (b) sign the verification of a certificate of nomination signature sheet described in
1321 Subsection (4) if the person:
1322 (i) does not meet the residency requirements of Section 20A-2-105 ;
1323 (ii) has not witnessed the signing by those persons whose names appear on the
1324 certificate of nomination signature sheet; or
1325 (iii) knows that a person whose signature appears on the certificate of nomination
1326 signature sheet is not registered to vote in this state and does not intend to become registered to
1327 vote in this state;
1328 (c) pay compensation to any person to sign a nomination petition; or
1329 (d) pay compensation to any person to circulate a nomination petition, if the
1330 compensation is based directly on the number of signatures submitted to a filing officer rather
1331 than on the number of signatures verified or on some other basis.
1332 (8) Any person violating Subsection (7) is guilty of a class A misdemeanor.
1333 (9) Withdrawal of petition signatures shall not be permitted.
1334 Section 15. Section 20A-9-406 is enacted to read:
1335 20A-9-406. Qualified political party -- Requirements and exemptions.
1336 The following provisions apply to a qualified political party:
1337 (1) the qualified political party shall certify to the lieutenant governor no later than 5
1338 p.m. on March 1 of each even-numbered year:
1339 (a) the identity of one or more registered political parties whose members may vote for
1340 the qualified political party's candidates; and
1341 (b) whether the qualified political party chooses to nominate unopposed candidates
1342 without the names of the candidates appearing on the ballot, as described in Subsection
1343 20A-9-403 (5)(c);
1344 (2) the provisions of Subsections 20A-9-403 (1) through (4)(a), Subsection
1345 20A-9-403 (5)(c), and Section 20A-9-405 do not apply to a nomination for the qualified
1346 political party;
1347 (3) an individual may only obtain a nomination for the qualified political party by using
1348 a method described in Section 20A-9-407 , Section 20A-9-408 , or both;
1349 (4) the qualified political party shall comply with the provisions of Sections
1350 20A-9-407 , 20A-9-408 , and 20A-9-409 ;
1351 (5) notwithstanding Subsection 20A-6-301 (1)(a), (1)(g), or (2)(a), each election officer
1352 shall ensure that a ballot described in Section 20A-6-301 includes each person nominated by a
1353 qualified political party under Section 20A-9-407 or 20A-9-408 :
1354 (a) under the qualified political party's name and emblem, if any; or
1355 (b) under the title of the qualified registered political party as designated by the
1356 qualified political party in the certification described in Subsection (1), or, if none is
1357 designated, then under some suitable title;
1358 (6) notwithstanding Subsection 20A-6-302 (1)(a), each election officer shall ensure, for
1359 paper ballots in regular general elections, that each candidate who is nominated by the qualified
1360 political party is listed by party;
1361 (7) notwithstanding Subsection 20A-6-303 (1)(g), each election officer shall ensure that
1362 the party designation of each candidate who is nominated by the qualified political party is
1363 printed immediately adjacent to the candidate's name on ballot sheets or ballot labels;
1364 (8) notwithstanding Subsection 20A-6-304 (1)(g), each election officer shall ensure that
1365 the party designation of each candidate who is nominated by the qualified political party is
1366 displayed adjacent to the candidate's name on an electronic ballot;
1367 (9) "candidates for elective office," defined in Subsection 20A-9-101 (1)(a), also
1368 includes an individual who files a declaration of candidacy under Section 20A-9-407 or
1369 20A-9-408 to run in a regular general election for a federal office, constitutional office,
1370 multicounty office, or county office;
1371 (10) an individual who is nominated by, or seeking the nomination of, the qualified
1372 political party is not required to comply with Subsection 20A-9-201 (1)(c);
1373 (11) notwithstanding Subsection 20A-9-403 (3), the qualified political party is entitled
1374 to have each of the qualified political party's candidates for elective office appear on the
1375 primary ballot of the qualified political party with an indication that each candidate is a
1376 candidate for the qualified political party;
1377 (12) notwithstanding Subsection 20A-9-403 (4)(a), the lieutenant governor shall include
1378 on the list provided by the lieutenant governor to the county clerks:
1379 (a) the names of all candidates of the qualified political party for federal, constitutional,
1380 multicounty, and county offices; and
1381 (b) the names of unopposed candidates for elective office who have been nominated by
1382 the qualified political party and instruct the county clerks to exclude such candidates from the
1383 primary-election ballot;
1384 (13) notwithstanding Subsection 20A-9-403 (5)(c), a candidate who is unopposed for an
1385 elective office in the regular primary election of the qualified political party is nominated by
1386 the party for that office without appearing on the primary ballot, provided that the party has
1387 chosen to nominate unopposed candidates under Subsection 20A-9-403 (2)(a)(iii); and
1388 (14) notwithstanding the provisions of Subsections 20A-9-403 (1) and (2) and Section
1389 20A-9-405 , the qualified political party is entitled to have the names of its candidates for
1390 elective office featured with party affiliation on the ballot at a regular general election.
1391 Section 16. Section 20A-9-407 is enacted to read:
1392 20A-9-407. Convention nomination process for qualified political party.
1393 (1) This section describes the requirements for a member of a qualified political party
1394 who is seeking the nomination of a qualified political party for an elective office through the
1395 qualified political party's convention nomination process.
1396 (2) Notwithstanding Subsection 20A-9-201 (4)(a), the form of the declaration of
1397 candidacy for a member of a qualified political party who is nominated by, or who is seeking
1398 the nomination of, the qualified political party under this section shall be substantially as
1399 follows:
1400 "State of Utah, County of ____
1401 I, ______________, declare my intention of becoming a candidate for the office of
1402 ____ as a candidate for the ____ party. I do solemnly swear that: I will meet the qualifications
1403 to hold the office, both legally and constitutionally, if selected; I reside at _____________ in
1404 the City or Town of ____, Utah, Zip Code ____, Phone No. ____; I will not knowingly violate
1405 any law governing campaigns and elections; I will file all campaign financial disclosure reports
1406 as required by law; and I understand that failure to do so will result in my disqualification as a
1407 candidate for this office and removal of my name from the ballot. The mailing address that I
1408 designate for receiving official election notices is
1409 ___________________________________________________________________________
1410 ___________________________________________________________________________.
1411 Subscribed and sworn before me this __________(month\day\year). Notary Public (or
1412 other officer qualified to administer oath)."
1413 (3) Notwithstanding Subsection 20A-9-202 (1)(a), and except as provided in Subsection
1414 20A-9-202 (4), a member of a qualified political party who, under this section, is seeking the
1415 nomination of the qualified political party for an elective office that is to be filled at the next
1416 general election, shall:
1417 (a) file a declaration of candidacy in person with the filing officer on or after the
1418 second Friday in March and before 5 p.m. on the third Thursday in March before the next
1419 regular general election; and
1420 (b) pay the filing fee.
1421 (4) Notwithstanding Subsection 20A-9-202 (2)(a), a member of a qualified political
1422 party who, under this section, is seeking the nomination of the qualified political party for the
1423 office of district attorney within a multicounty prosecution district that is to be filled at the next
1424 general election shall:
1425 (a) file a declaration of candidacy with the county clerk designated in the interlocal
1426 agreement creating the prosecution district on or after the second Friday in March and before 5
1427 p.m. on the third Thursday in March before the next regular general election; and
1428 (b) pay the filing fee.
1429 (5) Notwithstanding Subsection 20A-9-202 (3)(a)(iii), a lieutenant governor candidate
1430 who files as the joint-ticket running mate of an individual who is nominated by a qualified
1431 political party, under this section, for the office of governor shall submit a letter from the
1432 candidate for governor that names the lieutenant governor candidate as a joint-ticket running
1433 mate.
1434 (6) The lieutenant governor shall ensure that the certification described in Subsection
1435 20A-9-701 (1) also includes the name of each candidate nominated by a qualified political party
1436 under this section.
1437 (7) Notwithstanding Subsection 20A-9-701 (2), the ballot shall, for each candidate who
1438 is nominated by a qualified political party under this section, designate the qualified political
1439 party that nominated the candidate.
1440 Section 17. Section 20A-9-408 is enacted to read:
1441 20A-9-408. Signature-gathering nomination process for qualified political party.
1442 (1) This section describes the requirements for a member of a qualified political party
1443 who is seeking the nomination of the qualified political party for an elective office through the
1444 signature-gathering nomination process described in this section.
1445 (2) Notwithstanding Subsection 20A-9-201 (4)(a), the form of the declaration of
1446 candidacy for a member of a qualified political party who is nominated by, or who is seeking
1447 the nomination of, the qualified political party under this section shall be substantially as
1448 follows:
1449 "State of Utah, County of ____
1450 I, ______________, declare my intention of becoming a candidate for the office of
1451 ____ as a candidate for the ____ party. I do solemnly swear that: I will meet the qualifications
1452 to hold the office, both legally and constitutionally, if selected; I reside at _____________ in
1453 the City or Town of ____, Utah, Zip Code ____, Phone No. ____; I will not knowingly violate
1454 any law governing campaigns and elections; I will file all campaign financial disclosure reports
1455 as required by law; and I understand that failure to do so will result in my disqualification as a
1456 candidate for this office and removal of my name from the ballot. The mailing address that I
1457 designate for receiving official election notices is
1458 ___________________________________________________________________________
1459 ___________________________________________________________________________.
1460 Subscribed and sworn before me this __________(month\day\year). Notary Public (or
1461 other officer qualified to administer oath)."
1462 (3) Notwithstanding Subsection 20A-9-202 (1)(a), and except as provided in Subsection
1463 20A-9-202 (4), a member of a qualified political party who, under this section, is seeking the
1464 nomination of the qualified political party for an elective office that is to be filled at the next
1465 general election shall:
1466 (a) within the period beginning on January 1 before the next regular general election
1467 and ending on the third Thursday in March of the same year, and before gathering signatures
1468 under this section, file with the filing officer on a form approved by the lieutenant governor a
1469 notice of intent to gather signatures for candidacy that includes:
1470 (i) the name of the member who will attempt to become a candidate for a registered
1471 political party under this section;
1472 (ii) the name of the registered political party for which the member is seeking
1473 nomination;
1474 (iii) the office for which the member is seeking to become a candidate;
1475 (iv) the address and telephone number of the member; and
1476 (v) other information required by the lieutenant governor;
1477 (b) file a declaration of candidacy, in person, with the filing officer on or after the
1478 second Friday in March and before 5 p.m. on the third Thursday in March before the next
1479 regular general election; and
1480 (c) pay the filing fee.
1481 (4) Notwithstanding Subsection 20A-9-202 (2)(a), a member of a qualified political
1482 party who, under this section, is seeking the nomination of the qualified political party for the
1483 office of district attorney within a multicounty prosecution district that is to be filled at the next
1484 general election shall:
1485 (a) on or after January 1 before the next regular general election, and before gathering
1486 signatures under this section, file with the filing officer on a form approved by the lieutenant
1487 governor a notice of intent to gather signatures for candidacy that includes:
1488 (i) the name of the member who will attempt to become a candidate for a registered
1489 political party under this section;
1490 (ii) the name of the registered political party for which the member is seeking
1491 nomination;
1492 (iii) the office for which the member is seeking to become a candidate;
1493 (iv) the address and telephone number of the member; and
1494 (v) other information required by the lieutenant governor;
1495 (b) file a declaration of candidacy, in person, with the filing officer on or after the
1496 second Friday in March and before 5 p.m. on the third Thursday in March before the next
1497 regular general election; and
1498 (c) pay the filing fee.
1499 (5) Notwithstanding Subsection 20A-9-202 (3)(a)(iii), a lieutenant governor candidate
1500 who files as the joint-ticket running mate of an individual who is nominated by a qualified
1501 political party, under this section, for the office of governor shall submit a letter from the
1502 candidate for governor that names the lieutenant governor candidate as a joint-ticket running
1503 mate.
1504 (6) The lieutenant governor shall ensure that the certification described in Subsection
1505 20A-9-701 (1) also includes the name of each candidate nominated by a qualified political party
1506 under this section.
1507 (7) Notwithstanding Subsection 20A-9-701 (2), the ballot shall, for each candidate who
1508 is nominated by a qualified political party under this section, designate the qualified political
1509 party that nominated the candidate.
1510 (8) A member of a qualified political party may seek the nomination of the qualified
1511 political party for an elective office by:
1512 (a) complying with the requirements described in this section; and
1513 (b) collecting signatures, on a form approved by the lieutenant governor's office, during
1514 the period beginning on January 1 of an even-numbered year and ending 14 days before the day
1515 on which the qualified political party's convention for the office is held, in the following
1516 amounts:
1517 (i) for a statewide race, 28,000 signatures of registered voters in the state who are
1518 permitted by the qualified political party to vote for the qualified political party's candidates in
1519 a primary election;
1520 (ii) for a congressional district race, 7,000 signatures of registered voters who are
1521 residents of the congressional district and are permitted by the qualified political party to vote
1522 for the qualified political party's candidates in a primary election;
1523 (iii) for a state Senate district race, 2,000 signatures of registered voters who are
1524 residents of the state Senate district and are permitted by the qualified political party to vote for
1525 the qualified political party's candidates in a primary election;
1526 (iv) for a state House district race, 1,000 signatures of registered voters who are
1527 residents of the state House district and are permitted by the qualified political party to vote for
1528 the qualified political party's candidates in a primary election; and
1529 (v) for a county office race, signatures of 3% of the registered voters who are residents
1530 of the area permitted to vote for the county office and are permitted by the qualified political
1531 party to vote for the qualified political party's candidates in a primary election.
1532 (9) (a) In order for a member of the qualified political party to qualify as a candidate
1533 for the qualified political party's nomination for an elective office under this section, the
1534 member shall:
1535 (i) collect the signatures on a form approved by the lieutenant governor's office, using
1536 the same circulation and verification requirements described in Sections 20A-7-304 and
1537 20A-7-305 ; and
1538 (ii) submit the signatures to the election officer no later than 14 days before the day on
1539 which the qualified political party holds its convention to select candidates, for the elective
1540 office, for the qualified political party's nomination.
1541 (b) An individual may not gather signatures under this section until after the individual
1542 files a notice of intent to gather signatures for candidacy described in this section.
1543 (c) An individual who files a notice of intent to gather signatures for candidacy,
1544 described in Subsection (3)(a) or (4)(a), is, beginning on the day on which the individual files
1545 the notice of intent to gather signatures for candidacy:
1546 (i) required to comply with the reporting requirements that a candidate for office is
1547 required to comply with; and
1548 (ii) subject to the same enforcement provisions, and civil and criminal penalties, that
1549 apply to a candidate for office in relation to the reporting requirements described in Subsection
1550 (9)(c)(i).
1551 (d) Upon timely receipt of the signatures described in Subsections (8) and (9)(a), the
1552 election officer shall, no later than one day before the day on which the qualified political party
1553 holds the convention to select a nominee for the elective office to which the signature packets
1554 relate:
1555 (i) check the name of each individual who completes the verification for a signature
1556 packet to determine whether each individual is a resident of Utah and is at least 18 years old;
1557 (ii) submit the name of each individual described in Subsection (9)(d)(i) who is not a
1558 Utah resident or who is not at least 18 years old to the attorney general and the county attorney;
1559 (iii) determine whether each signer is a registered voter who is qualified to sign the
1560 petition, using the same method, described in Section 20A-7-206.3 , used to verify a signature
1561 on a petition;
1562 (iv) certify whether each name is that of a registered voter who is qualified to sign the
1563 signature packet; and
1564 (v) notify the qualified political party and the lieutenant governor of the name of each
1565 member of the qualified political party who qualifies as a nominee of the qualified political
1566 party, under this section, for the elective office to which the convention relates.
1567 (e) Upon receipt of a notice of intent to gather signatures for candidacy described in
1568 this section, the lieutenant governor shall post the notice of intent to gather signatures for
1569 candidacy on the lieutenant governor's website in the same location that the lieutenant governor
1570 posts a declaration of candidacy.
1571 Section 18. Section 20A-9-409 is enacted to read:
1572 20A-9-409. Primary election provisions relating to qualified political party.
1573 (1) The fourth Tuesday of June of each even-numbered year is designated as a regular
1574 primary election day.
1575 (2) A qualified political party that nominates one or more candidates for an elective
1576 office under Section 20A-9-407 and does not have a candidate qualify as a candidate for that
1577 office under Section 20A-9-408 , may, but is not required to, participate in the primary election
1578 for that office.
1579 (3) A qualified political party that has only one candidate qualify as a candidate for an
1580 elective office under Section 20A-9-408 and does not nominate a candidate for that office
1581 under Section 20A-9-407 , may, but is not required to, participate in the primary election for
1582 that office.
1583 (4) A qualified political party that nominates one or more candidates for an elective
1584 office under Section 20A-9-407 and has one or more candidates qualify as a candidate for that
1585 office under Section 20A-9-408 shall participate in the primary election for that office.
1586 (5) A qualified political party that has two or more candidates qualify as candidates for
1587 an elective office under Section 20A-9-408 and does not nominate a candidate for that office
1588 under Section 20A-9-407 shall participate in the primary election for that office.
1589 Section 19. Section 20A-9-410 is enacted to read:
1590 20A-9-410. Rulemaking authority.
1591 The director of elections, within the Office of the Lieutenant Governor, shall make
1592 rules, in accordance with the provisions of Title 63G, Chapter 3, Utah Administrative
1593 Rulemaking Act, relating to procedures for complying with, and verifying compliance with, the
1594 candidate nominating process described in this part.
1595 Section 20. Section 20A-9-701 is amended to read:
1596 20A-9-701. Certification of party candidates to county clerks -- Display on ballot.
1597 (1) No later than August 31 of each regular general election year, the lieutenant
1598 governor shall certify to each county clerk the names of each candidate[
1599
1600
1601 to be voted upon at the regular general election in that county clerk's county.
1602 (2) The names shall be certified by the lieutenant governor and shall be displayed on
1603 the ballot as they are provided on the candidate's declaration of candidacy. No other names
1604 may appear on the ballot as affiliated with, endorsed by, or nominated by any other registered
1605 political party, political party, or other political group.
1606 Section 21. Effective date.
1607 This bill takes effect on January 1, 2015.
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