1     
OFFICEHOLDER VACANCY AMENDMENTS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Brad M. Daw

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill addresses a political party's authority to nominate a candidate to fill a midterm
10     vacancy.
11     Highlighted Provisions:
12          This bill:
13          ▸     specifies that, when a political party is granted authority to nominate a candidate to
14     fill a midterm vacancy, the appointment shall be made by the political party with
15     which the prior officeholder affiliated when the prior officeholder was last
16     appointed or elected to the office being vacated.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          20A-1-502, as enacted by Laws of Utah 1993, Chapter 1
24          20A-1-503, as last amended by Laws of Utah 2011, Chapters 327 and 340
25          20A-1-504, as last amended by Laws of Utah 2016, Chapter 28
26          20A-1-508, as last amended by Laws of Utah 2017, Chapter 54
27          20A-1-509.1, as last amended by Laws of Utah 2011, Chapters 297 and 327

28          20A-1-509.2, as last amended by Laws of Utah 2013, Chapter 237
29     

30     Be it enacted by the Legislature of the state of Utah:
31          Section 1. Section 20A-1-502 is amended to read:
32          20A-1-502. Midterm vacancies in office of United States representative or
33     senator.
34          (1) When a vacancy occurs for any reason in the office of a representative in Congress,
35     the governor shall issue a proclamation calling an election to fill the vacancy.
36          (2) (a) When a vacancy occurs in the office of [U.S. senator, it] United States senator,
37     the vacancy shall be filled for the unexpired term at the next regular general election.
38          (b) The governor shall appoint a person to serve as [U.S.] United States senator until
39     the vacancy is filled by election from one of three persons nominated by the state central
40     committee of the [same] political party [as] with which the prior officeholder affiliated when
41     the prior officeholder was last elected or appointed to the office of United States senator.
42          Section 2. Section 20A-1-503 is amended to read:
43          20A-1-503. Midterm vacancies in the Legislature.
44          (1) As used in this section:
45          (a) "Filing deadline" means the final date for filing:
46          (i) a declaration of candidacy as provided in Section 20A-9-202; and
47          (ii) a certificate of nomination as provided in Section 20A-9-503.
48          (b) "Party liaison" means the political party officer designated to serve as a liaison with
49     the lieutenant governor on all matters relating to the political party's relationship with the state
50     as required by Section 20A-8-401.
51          (2) When a vacancy occurs for any reason in the office of representative in the
52     Legislature, the governor shall fill the vacancy by immediately appointing the person whose
53     name was submitted by the party liaison of the [same] political party [as] with which the prior
54     representative affiliated when the prior representative was last elected or appointed to the office
55     of representative in the Legislature.
56          (3) (a) Except as provided by Subsection (5), when a vacancy occurs for any reason in
57     the office of senator in the Legislature, [it] the vacancy shall be filled for the unexpired term at
58     the next regular general election.

59          (b) The governor shall fill the vacancy until the next regular general election by
60     immediately appointing the person whose name was submitted by the party liaison of the
61     [same] political party [as] with which the prior senator affiliated when the prior senator was
62     last elected or appointed to the office of senator in the Legislature.
63          (4) (a) If a vacancy described in Subsection (3)(a) occurs after the filing deadline but
64     before August 31 of an even-numbered year in which the term of office does not expire, the
65     lieutenant governor shall:
66          (i) establish a date, which is before the date for a candidate to be certified for the ballot
67     under Section 20A-9-701 and no later than 21 days after the day on which the vacancy
68     occurred, by which a person intending to obtain a position on the ballot for the vacant office
69     shall file:
70          (A) a declaration of candidacy; or
71          (B) a certificate of nomination; and
72          (ii) give notice of the vacancy and the date described in Subsection (4)(a)(i):
73          (A) on the lieutenant governor's website; and
74          (B) to each registered political party.
75          (b) A person intending to obtain a position on the ballot for the vacant office shall:
76          (i) by the date specified in Subsection (4)(a)(i), file a declaration of candidacy or
77     certificate of nomination according to the procedures and requirements of Chapter 9, Candidate
78     Qualifications and Nominating Procedures; and
79          (ii) run in the regular general election if:
80          (A) nominated as a party candidate; or
81          (B) qualified as an unaffiliated candidate as provided by Chapter 9, Candidate
82     Qualifications and Nominating Procedures.
83          (c) If a vacancy described in Subsection (3)(a) occurs on or after the first Monday after
84     the third Saturday in April and before August 31 of an even-numbered year in which the term
85     of office does not expire, a party liaison from each registered political party may submit a name
86     of a person described in Subsection (4)(b) to the lieutenant governor by August 30 for
87     placement on the regular general election ballot.
88          (5) If a vacancy described in Subsection (3)(a) occurs on or after August 31 of an
89     even-numbered year in which a term does not expire, the governor shall fill the vacancy for the

90     unexpired term by immediately appointing the person whose name was submitted by the party
91     liaison of the [same] political party [as] with which the prior senator affiliated when the prior
92     senator was last elected or appointed to the office of senator in the Legislature.
93          Section 3. Section 20A-1-504 is amended to read:
94          20A-1-504. Midterm vacancies in the offices of attorney general, state treasurer,
95     state auditor, State Board of Education member, and lieutenant governor.
96          (1) (a) When a vacancy occurs for any reason in the office of attorney general, state
97     treasurer, state auditor, or State Board of Education member, the vacancy shall be filled for the
98     unexpired term at the next regular general election.
99          (b) The governor shall fill the vacancy until the next regular general election by
100     appointing a person who meets the qualifications for the office from three persons nominated
101     by the state central committee of the [same] political party [as] with which the prior
102     officeholder affiliated when the prior officeholder was last elected or appointed to the office
103     being vacated.
104          (2) If a vacancy occurs in the office of lieutenant governor, the governor shall, with the
105     consent of the Senate, appoint a person to hold the office until the next regular general election
106     at which the governor stands for election.
107          (3) For a State Board of Education member vacancy, if the individual who is being
108     replaced is not a member of a political party, or if the member was elected at or before the 2016
109     regular general election, the governor shall fill the vacancy, with the consent of the Senate, by
110     selecting an individual who meets the qualifications and residency requirements for filling the
111     vacancy described in Section 20A-14-103.
112          Section 4. Section 20A-1-508 is amended to read:
113          20A-1-508. Midterm vacancies in county elected offices.
114          (1) As used in this section:
115          (a) (i) "County offices" includes the county executive, members of the county
116     legislative body, the county treasurer, the county sheriff, the county clerk, the county auditor,
117     the county recorder, the county surveyor, and the county assessor.
118          (ii) "County offices" does not mean the offices of president and vice president of the
119     United States, United States senators and representatives, members of the Utah Legislature,
120     state constitutional officers, county attorneys, district attorneys, and judges.

121          (b) "Party liaison" means the political party officer designated to serve as a liaison with
122     each county legislative body on all matters relating to the political party's relationship with a
123     county as required by Section 20A-8-401.
124          (2) (a) Until a replacement is selected as provided in this section and has qualified, the
125     county legislative body shall appoint an interim replacement to fill the vacant office by
126     following the procedures and requirements of this Subsection (2).
127          (b) (i) To appoint an interim replacement, the county legislative body shall give notice
128     of the vacancy to the party liaison of the [same] political party [of] with which the prior office
129     holder affiliated when the prior officeholder was last elected or appointed to the office being
130     vacated, and invite that party liaison to submit the name of a person to fill the vacancy.
131          (ii) That party liaison shall, within 30 days, submit the name of the person selected in
132     accordance with the party constitution or bylaws as described in Section 20A-8-401 for the
133     interim replacement to the county legislative body.
134          (iii) The county legislative body shall no later than five days after the day on which a
135     party liaison submits the name of the person for the interim replacement appoint the person to
136     serve out the unexpired term.
137          (c) (i) If the county legislative body fails to appoint an interim replacement to fill the
138     vacancy in accordance with Subsection (2)(b)(iii), the county clerk shall send to the governor a
139     letter that:
140          (A) informs the governor that the county legislative body has failed to appoint a
141     replacement within the statutory time period; and
142          (B) contains the name of the person to fill the vacancy submitted by the party liaison.
143          (ii) The governor shall appoint the person named by the party liaison as an interim
144     replacement to fill the vacancy within 30 days after receipt of the letter.
145          (d) A person appointed as interim replacement under this Subsection (2) shall hold
146     office until their successor is elected and has qualified.
147          (3) (a) The requirements of this Subsection (3) apply to all county offices that become
148     vacant if:
149          (i) the vacant office has an unexpired term of two years or more; and
150          (ii) the vacancy occurs after the election at which the person was elected but before
151     April 10 of the next even-numbered year.

152          (b) (i) When the conditions established in Subsection (3)(a) are met, the county clerk
153     shall notify the public and each registered political party that the vacancy exists.
154          (ii) An individual intending to become a candidate for the vacant office shall file a
155     declaration of candidacy in accordance with:
156          (A) Chapter 9, Part 2, Candidate Qualifications and Declarations of Candidacy; and
157          (B) for a county commission office, Subsection 17-52-501(6) or 17-52-502(6), if
158     applicable.
159          (iii) An individual who is nominated as a party candidate for the vacant office or
160     qualified as an independent or write-in candidate under Chapter 8, Political Party Formation
161     and Procedures, for the vacant office shall run in the regular general election.
162          (4) (a) The requirements of this Subsection (4) apply to all county offices that become
163     vacant if:
164          (i) the vacant office has an unexpired term of two years or more; and
165          (ii) the vacancy occurs after April 9 of the next even-numbered year but more than 75
166     days before the regular primary election.
167          (b) (i) When the conditions established in Subsection (4)(a) are met, the county clerk
168     shall notify the public and each registered political party that:
169          (A) the vacancy exists; and
170          (B) identifies the date and time by which a person interested in becoming a candidate
171     shall file a declaration of candidacy.
172          (ii) An individual intending to become a candidate for a vacant office shall, within five
173     days after the date that the notice is made, ending at the close of normal office hours on the
174     fifth day, file a declaration of candidacy for the vacant office in accordance with:
175          (A) Chapter 9, Part 2, Candidate Qualifications and Declarations of Candidacy; and
176          (B) for a county commission office, Subsection 17-52-501(6) or 17-52-502(6), if
177     applicable.
178          (iii) The county central committee of each party shall:
179          (A) select a candidate or candidates from among those qualified candidates who have
180     filed declarations of candidacy; and
181          (B) certify the name of the candidate or candidates to the county clerk at least 60 days
182     before the regular primary election.

183          (5) (a) The requirements of this Subsection (5) apply to all county offices that become
184     vacant:
185          (i) if the vacant office has an unexpired term of two years or more; and
186          (ii) when 75 days or less remain before the regular primary election but more than 65
187     days remain before the regular general election.
188          (b) When the conditions established in Subsection (5)(a) are met, the county central
189     committees of each political party registered under this title that wishes to submit a candidate
190     for the office shall summarily certify the name of one candidate to the county clerk for
191     placement on the regular general election ballot.
192          (6) (a) The requirements of this Subsection (6) apply to all county offices that become
193     vacant:
194          (i) if the vacant office has an unexpired term of less than two years; or
195          (ii) if the vacant office has an unexpired term of two years or more but 65 days or less
196     remain before the next regular general election.
197          (b) (i) When the conditions established in Subsection (6)(a) are met, the county
198     legislative body shall give notice of the vacancy to the party liaison of the [same] political party
199     [as] with which the prior officeholder affiliated when the prior officeholder was last elected or
200     appointed to the office being vacated, and invite that party liaison to submit the name of a
201     person to fill the vacancy.
202          (ii) That party liaison shall, within 30 days, submit the name of the person to fill the
203     vacancy to the county legislative body.
204          (iii) The county legislative body shall no later than five days after the day on which a
205     party liaison submits the name of the person to fill the vacancy appoint the person to serve out
206     the unexpired term.
207          (c) (i) If the county legislative body fails to appoint a person to fill the vacancy in
208     accordance with Subsection (6)(b)(iii), the county clerk shall send to the governor a letter that:
209          (A) informs the governor that the county legislative body has failed to appoint a person
210     to fill the vacancy within the statutory time period; and
211          (B) contains the name of the person to fill the vacancy submitted by the party liaison.
212          (ii) The governor shall appoint the person named by the party liaison to fill the vacancy
213     within 30 days after receipt of the letter.

214          (d) A person appointed to fill the vacancy under this Subsection (6) shall hold office
215     until their successor is elected and has qualified.
216          (7) Except as otherwise provided by law, the county legislative body may appoint
217     replacements to fill all vacancies that occur in those offices filled by appointment of the county
218     legislative body.
219          (8) Nothing in this section prevents or prohibits independent candidates from filing a
220     declaration of candidacy for the office within the same time limits.
221          (9) (a) Each person elected under Subsection (3), (4), or (5) to fill a vacancy in a
222     county office shall serve for the remainder of the unexpired term of the person who created the
223     vacancy and until a successor is elected and qualified.
224          (b) Nothing in this section may be construed to contradict or alter the provisions of
225     Section 17-16-6.
226          Section 5. Section 20A-1-509.1 is amended to read:
227          20A-1-509.1. Procedure for filling midterm vacancy in county or district with 15
228     or more attorneys.
229          (1) When a vacancy occurs in the office of county or district attorney in a county or
230     district having 15 or more attorneys who are licensed active members in good standing with the
231     Utah State Bar and registered voters, the vacancy shall be filled as provided in this section.
232          (2) (a) The requirements of this Subsection (2) apply when the office of county
233     attorney or district attorney becomes vacant and:
234          (i) the vacant office has an unexpired term of two years or more; and
235          (ii) the vacancy occurs before the third Thursday in March of the even-numbered year.
236          (b) When the conditions established in Subsection (2)(a) are met, the county clerk shall
237     notify the public and each registered political party that the vacancy exists.
238          (c) All persons intending to become candidates for the vacant office shall:
239          (i) file a declaration of candidacy according to the procedures and requirements of
240     Chapter 9, Part 2, Candidate Qualifications and Declarations of Candidacy;
241          (ii) if nominated as a party candidate or qualified as an independent or write-in
242     candidate under Chapter 9, Candidate Qualifications and Nominating Procedures, run in the
243     regular general election; and
244          (iii) if elected, complete the unexpired term of the person who created the vacancy.

245          (d) If the vacancy occurs after the second Friday in March and before the third
246     Thursday in March, the time for filing a declaration of candidacy under Section 20A-9-202
247     shall be extended until seven days after the county clerk gives notice under Subsection (2)(b),
248     but no later than the fourth Thursday in March.
249          (3) (a) The requirements of this Subsection (3) apply when the office of county
250     attorney or district attorney becomes vacant and:
251          (i) the vacant office has an unexpired term of two years or more; and
252          (ii) the vacancy occurs after the third Thursday in March of the even-numbered year
253     but more than 75 days before the regular primary election.
254          (b) When the conditions established in Subsection (3)(a) are met, the county clerk
255     shall:
256          (i) notify the public and each registered political party that the vacancy exists; and
257          (ii) identify the date and time by which a person interested in becoming a candidate
258     shall file a declaration of candidacy.
259          (c) All persons intending to become candidates for the vacant office shall:
260          (i) within five days after the date that the notice is made, ending at the close of normal
261     office hours on the fifth day, file a declaration of candidacy for the vacant office as required by
262     Chapter 9, Part 2, Candidate Qualifications and Declaration of Candidacy; and
263          (ii) if elected, complete the unexpired term of the person who created the vacancy.
264          (d) The county central committee of each party shall:
265          (i) select a candidate or candidates from among those qualified candidates who have
266     filed declarations of candidacy; and
267          (ii) certify the name of the candidate or candidates to the county clerk at least 60 days
268     before the regular primary election.
269          (4) (a) The requirements of this Subsection (4) apply when the office of county
270     attorney or district attorney becomes vacant and:
271          (i) the vacant office has an unexpired term of two years or more; and
272          (ii) 75 days or less remain before the regular primary election but more than 65 days
273     remain before the regular general election.
274          (b) When the conditions established in Subsection (4)(a) are met, the county central
275     committees of each registered political party that wish to submit a candidate for the office shall

276     summarily certify the name of one candidate to the county clerk for placement on the regular
277     general election ballot.
278          (c) The candidate elected shall complete the unexpired term of the person who created
279     the vacancy.
280          (5) (a) The requirements of this Subsection (5) apply when the office of county
281     attorney or district attorney becomes vacant and:
282          (i) the vacant office has an unexpired term of less than two years; or
283          (ii) the vacant office has an unexpired term of two years or more but 65 days or less
284     remain before the next regular general election.
285          (b) When the conditions established in Subsection (5)(a) are met, the county legislative
286     body shall give notice of the vacancy to the county central committee of the [same] political
287     party [of] with which the prior [officeholder] county or district attorney affiliated when the
288     prior county or district attorney was last elected or appointed to the office of county or district
289     attorney, and invite that committee to submit the names of three nominees to fill the vacancy.
290          (c) That county central committee shall, within 30 days of receiving notice from the
291     county legislative body, submit to the county legislative body the names of three nominees to
292     fill the vacancy.
293          (d) The county legislative body shall, within 45 days after the vacancy occurs, appoint
294     one of those nominees to serve out the unexpired term.
295          (e) If the county legislative body fails to appoint a person to fill the vacancy within 45
296     days, the county clerk shall send to the governor a letter that:
297          (i) informs the governor that the county legislative body has failed to appoint a person
298     to fill the vacancy within the statutory time period; and
299          (ii) contains the list of nominees submitted by the party central committee.
300          (f) The governor shall appoint a person to fill the vacancy from that list of nominees
301     within 30 days after receipt of the letter.
302          (g) A person appointed to fill the vacancy under Subsection (5) shall complete the
303     unexpired term of the person who created the vacancy.
304          (6) Nothing in this section prevents or prohibits independent candidates from filing a
305     declaration of candidacy for the office within the required time limits.
306          Section 6. Section 20A-1-509.2 is amended to read:

307          20A-1-509.2. Procedure for filling vacancy in county or district with fewer than
308     15 attorneys.
309          (1) When a vacancy occurs in the office of county or district attorney, including a
310     vacancy created by the failure of a person to file as a candidate for the office of county or
311     district attorney in an election, in a county or district having fewer than 15 attorneys who are
312     licensed, active members in good standing with the Utah State Bar and registered voters, the
313     vacancy shall be filled as provided in this section.
314          (2) The county clerk shall send a letter to each attorney residing in the county or district
315     who is a licensed, active member in good standing with the Utah State Bar and a registered
316     voter that:
317          (a) informs the attorney of the vacancy;
318          (b) invites the attorney to apply for the vacancy; and
319          (c) informs the attorney that if the attorney has not responded within 10 calendar days
320     from the date that the letter was mailed, the attorney's candidacy to fill the vacancy will not be
321     considered.
322          (3) (a) (i) If, after 10 calendar days from the date the letter was mailed, more than three
323     attorneys who are licensed, active members in good standing with the Utah State Bar and
324     registered voters in the county or district have applied for the vacancy, the county clerk shall,
325     except as provided in Subsection (3)(a)(ii), submit the applications to the county central
326     committee of the [same] political party [of] with which the prior [officeholder] county or
327     district attorney affiliated when the prior county or district attorney was last elected or
328     appointed to the office of county or district attorney.
329          (ii) In multicounty prosecution districts, the clerk shall submit the applications to the
330     county central committee of each county within the prosecution district.
331          (b) The central committee shall nominate three of the applicants and forward the
332     applicants' names to the county legislative body within 20 days after the date the county clerk
333     submitted the applicants' names.
334          (c) The county legislative body shall appoint one of the nominees to fill the vacant
335     position.
336          (d) If the central committee of the political party fails to submit at least three names to
337     the county legislative body within 20 days after the date the county clerk submitted the

338     applicants' names, the county legislative body shall appoint one of the applicants to fill the
339     vacant position.
340          (e) If the county legislative body fails to appoint a person to fill the vacancy within 120
341     days after the vacancy occurs, the county clerk shall mail to the governor:
342          (i) a letter informing the governor that the county legislative body has failed to appoint
343     a person to fill the vacancy; and
344          (ii) (A) the list of nominees, if any, submitted by the central committee of the political
345     party; or
346          (B) if the party central committee has not submitted a list of at least three nominees
347     within the required time, the names of the persons who submitted applications for the vacant
348     position to the county clerk.
349          (f) The governor shall appoint, within 30 days after receipt of the letter, a person from
350     the list to fill the vacancy.
351          (4) (a) If, after 10 calendar days from the date the letter was mailed, three or fewer
352     attorneys who are licensed, active members in good standing with the Utah State Bar and
353     registered voters in the county or district have applied for the vacancy, the county legislative
354     body may:
355          (i) appoint one of them to be county or district attorney; or
356          (ii) solicit additional applicants and appoint a county or district attorney as provided in
357     Subsection (4)(b).
358          (b) (i) If three or fewer attorneys who are licensed members in good standing of the
359     Utah State Bar and registered voters in the county or district submit applications, the county
360     legislative body may publicly solicit and accept additional applications for the position from
361     licensed, active members in good standing of the Utah State Bar who are not residents of the
362     county or prosecution district.
363          (ii) The county legislative body shall consider the applications submitted by the
364     attorneys who are residents of and registered voters in the county or prosecution district and the
365     applications submitted by the attorneys who are not residents of the county or prosecution
366     district and shall appoint one of the applicants to be county attorney or district attorney.
367          (c) If the legislative body fails to appoint a person to fill the vacancy within 120 days
368     after the vacancy occurs, the county clerk shall:

369          (i) notify the governor that the legislative body has failed to fill the vacancy within the
370     required time period; and
371          (ii) provide the governor with a list of all the applicants.
372          (d) The governor shall appoint a person to fill the vacancy within 30 days after the
373     governor receives the notification.
374          (5) The person appointed to fill the vacancy shall serve for the unexpired term of the
375     person who created the vacancy.






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