H.B. 279

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POLITICAL PARTY PRIMARIES
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Steve Barth
5 AN ACT RELATING TO ELECTION LAW; MOVING THE REGULAR PRIMARY
6 ELECTION DATE FROM JUNE TO SEPTEMBER; AND MAKING TECHNICAL
7 CORRECTIONS.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 20A-9-403, as last amended by Chapters 1 and 340, Laws of Utah 1995
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 20A-9-403 is amended to read:
13 20A-9-403. Regular primary elections.
14 (1) (a) The [fourth Tuesday of June] first Tuesday after the second Monday in September
15 of each even-numbered year is designated as regular primary election day.
16 (b) Each registered political party that chooses to use the primary election process to
17 nominate some or all of its candidates shall comply with the requirements of this section.
18 (2) (a) (i) Each registered political party that wishes to participate in the primary election
19 shall submit the names of its county candidates to the county clerks and the names of its statewide
20 or multicounty candidates to the lieutenant governor by 5 p.m. on May 20 of each even-numbered
21 year.
22 (ii) By 5 p.m. on May 14 of each even-numbered year, the lieutenant governor shall send
23 the county clerks a certified list of the names of all statewide or multicounty candidates that must
24 be printed on the primary ballot.
25 (b) If a registered political party does not wish to participate in the primary election, it
26 shall submit the names of its county candidates to the county clerks and the names of its statewide
27 or multicounty candidates to the lieutenant governor by 5 p.m. on August 15 of each

1 even-numbered year.
2 (3) The county clerk shall:
3 (a) review the declarations of candidacy filed by candidates for local boards of education
4 to determine if more than two candidates have filed for the same seat;
5 (b) place the names of all candidates who have filed a declaration of candidacy for a local
6 board of education seat on the nonpartisan section of the ballot if more than two candidates have
7 filed for the same seat; and
8 (c) conduct a lottery to determine the order of the candidates' names on the ballot.
9 (4) After the county clerk receives the certified list from a registered political party, the
10 county clerk shall post or publish a primary election notice in substantially the following form:
11 "Notice is given that a primary election will be held Tuesday, June ____, 19__, to nominate
12 party candidates for the parties and nonpartisan offices listed on the primary ballot. The polling
13 place for voting precinct ____ is ____. The polls will open at 7 a.m. and continue open until 8
14 p.m. of the same day. Attest: county clerk".
15 (5) (a) Candidates receiving the highest number of votes cast for each office at the regular
16 primary election are nominated by their party or nonpartisan group for that office.
17 (b) If two or more candidates are to be elected to the office at the regular general election,
18 those party candidates equal in number to positions to be filled who receive the highest number
19 of votes at the regular primary election are the nominees of their party for those positions.
20 (6) (a) When a tie vote occurs in any primary election for any national, state, or other
21 office that represents more than one county, the governor, lieutenant governor, and attorney
22 general shall, at a public meeting called by the governor and in the presence of the candidates
23 involved, select the nominee by lot cast in whatever manner the governor determines.
24 (b) When a tie vote occurs in any primary election for any county office, the district court
25 judges of the district in which the county is located shall, at a public meeting called by the judges
26 and in the presence of the candidates involved, select the nominee by lot cast in whatever manner
27 the judges determine.
28 (7) The expense of providing all ballots, blanks, or other supplies to be used at any primary
29 election provided for by this section, and all expenses necessarily incurred in the preparation for
30 or the conduct of that primary election shall be paid out of the treasury of the county or state, in
31 the same manner as for the regular general elections.

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Legislative Review Note
as of 1-28-97 9:54 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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