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First Substitute S.B. 78

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ELECTION LAW - POLITICAL PARTIES

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1997 GENERAL SESSION

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STATE OF UTAH

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Sponsor: Pete Suazo

5    AN ACT RELATING TO ELECTIONS; MODIFYING DATES FOR BECOMING A
6    REGISTERED POLITICAL PARTY; MODIFYING REQUIREMENTS FOR REGISTERING
7    POLITICAL PARTY NAMES; ESTABLISHING REQUIREMENTS GOVERNING
8    POLITICAL PARTY EMBLEMS; CLARIFYING REQUIREMENTS GOVERNING
9    POLITICAL PARTY OFFICERS AND LIAISONS; MODIFYING DATES AND
10    PROCEDURES FOR POLITICAL PARTIES TO CERTIFY CANDIDATES; CLARIFYING
11    CERTIFICATION REQUIREMENTS; AND MAKING TECHNICAL CORRECTIONS.
12    This act affects sections of Utah Code Annotated 1953 as follows:
13    AMENDS:
14         20A-8-101, as enacted by Chapter 1, Laws of Utah 1994
15         20A-8-103, as last amended by Chapter 213, Laws of Utah 1996
16         20A-9-202, as last amended by Chapters 79 and 258, Laws of Utah 1996
17         20A-9-403, as last amended by Chapters 1 and 340, Laws of Utah 1995
18    ENACTS:
19         20A-8-402, Utah Code Annotated 1953
20         20A-8-403, Utah Code Annotated 1953
21    REPEALS:
22         20A-8-107, as enacted by Chapter 21, Laws of Utah 1994
23         20A-11-501, as enacted by Chapter 1, Laws of Utah 1995
24         20A-11-502, as enacted by Chapter 1, Laws of Utah 1995
25         20A-11-503, as enacted by Chapter 1, Laws of Utah 1995
26         20A-11-504, as enacted by Chapter 1, Laws of Utah 1995
27         20A-11-505, as enacted by Chapter 1, Laws of Utah 1995



Text Box

Amend on 2_goldenrod February 7, 1997
1    Be it enacted by the Legislature of the state of Utah:
2        Section 1. Section 20A-8-101 is amended to read:
3         20A-8-101. Definitions.
4        As used in this chapter:
5        (1) "Continuing political party" means an organization of voters that participated in the
6    last regular general election and polled a total vote for any of its candidates for any office equal
7    to 2% or more of the total votes cast for all candidates for the United States House of
8    Representatives.
9        (2) "Newly registered political party" means an organization of voters that has complied
10    with the petition and organizing procedures of this chapter to become a registered political party.
11        (3) "Registered political party" means an organization of voters that:
12        (a) participated in the last regular general election and polled a total vote for any of its
13    candidates for any office equal to 2% or more of the total votes cast for all candidates for the
14    United States House of Representatives [for any of its candidates for any office]; or
15        (b) has complied with the petition and organizing procedures of this chapter.
16        Section 2. Section 20A-8-103 is amended to read:
17         20A-8-103. Petition procedures.
18        (1) As used in this section, the proposed name or emblem of a registered political party
19    is "distinguishable" if a reasonable person of average intelligence will be able to perceive a
20    difference between the proposed name or emblem and any name or emblem currently being used
21    by another registered political party.
22        [(1)] (2) To become a registered political party, an organization of registered voters that
23    is not a continuing political party shall file a petition with the lieutenant governor that is signed
24    by at least [500] S [15,000] h [ 5,000 ] 2,000 h s registered voters on or before [March 1]
24a1     February 15 of the year
24a     in which
25    a regular general election will be held.
26        [(2)] (3) The petition shall:
27        (a) state that the signers are or desire to become members of the designated party or group;
28        (b) state the name, which may not exceed S [for] FOUR s words, and identify the emblem of
28a     the party
29    or group;
30        (c) state the process that the organization will follow to organize and adopt a constitution
31    and bylaws; and
lilac-March 4, 1997

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1        (d) be signed by a filing officer, who agrees to receive communications on behalf of the
2    organization.
3        [(3)] (4) The lieutenant governor shall:
4        (a) determine whether or not the required number of voters appears on the petition; [and]
5        (b) review the proposed name and emblem to determine if they are "distinguishable"from
6    the names and emblems of other registered political parties; and
7        [(b)] (c) certify his findings to the filing officer of the group within 30 days of the filing
8    of the petition.
9        [(4)] (5) (a) If the lieutenant governor determines that the petition meets the requirements
10    of this section, and that the proposed name and emblem are distinguishable, he shall authorize the
11    filing officer to organize the prospective political party.
12        (b) If the lieutenant governor finds that the name, emblem, or both are not distinguishable
13    from the names and emblems of other registered political parties, the lieutenant governor shall
14    notify the filing officer that he has 7 days to submit a new name or emblem to the lieutenant
15    governor.
16        (6) A registered political party may not change its name or emblem during the regular
17    general election cycle.
18        Section 3. Section 20A-8-402 is enacted to read:
19         20A-8-402. Political party officers -- Submission of names of officers to the lieutenant
20     governor.
21        Each registered political party shall:
22        (1) designate a state party officer to act as liaison with the lieutenant governor's office;
23        (2) submit the names of its state officers and liaison to the lieutenant governor within
24    seven days after the officers are selected; and
25        (3) within seven days of any change in party officers or liaison, submit the names of the
26    new officers and liaison to the lieutenant governor.
27        Section 4. Section 20A-8-403 is enacted to read:
28         20A-8-403. Political parties -- Certification.
29        When this title requires that a registered political party certify information to the lieutenant
30    governor, the registered political party has met that requirement if the information is signed by the
31    registered political party's designated liaison or the registered political party's chair.

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1        Section 5. Section 20A-9-202 is amended to read:
2         20A-9-202. Declarations of candidacy for regular general elections -- Requirements
3     for candidates.
4        (1) (a) Each person seeking to become a candidate for elective office for any county office
5    that is to be filled at the next regular general election shall:
6        (i) file a declaration of candidacy in person with the county clerk between March 7 and
7    March 17 before the next regular general election; and
8        (ii) pay the filing fee.
9        (b) Each person intending to become a candidate for any multi-county office that is to be
10    filled at the next regular general election shall:
11        (i) file a declaration of candidacy in person with either the lieutenant governor or the
12    county clerk in the candidate's county of residence between March 7 and March 17 before the next
13    regular general election; and
14        (ii) pay the filing fee.
15        (c) Each county clerk who receives a declaration of candidacy from a candidate for
16    multi-county office shall transmit the filing fee and a copy of the candidate's declaration of
17    candidacy to the lieutenant governor within one working day after it is filed.
18        (d) Each person seeking to become a candidate for elective office for any federal office
19    or constitutional office that is to be filled at the next regular general election shall:
20        (i) file a declaration of candidacy in person with the lieutenant governor between March
21    7 and March 17 before the next regular general election; and
22        (ii) pay the filing fee.
23        (e) Each person seeking the office of lieutenant governor, the office of district attorney,
24    or the office of President or Vice President of the United States shall comply with the specific
25    declaration of candidacy requirements established by this section.
26        (2) (a) Each person intending to become a candidate for the office of district attorney
27    within a multicounty prosecution district that is to be filled at the next regular general election
28    shall:
29        (i) file a declaration of candidacy with the clerk designated in the interlocal agreement
30    creating the prosecution district between March 7 and March 17 before the next regular general
31    election; and

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1        (ii) pay the filing fee.
2        (b) The designated clerk shall provide to the county clerk of each county in the prosecution
3    district a certified copy of each declaration of candidacy filed for the office of district attorney.
4        (3) (a) Within five working days of nomination, each lieutenant governor candidate shall:
5        (i) file a declaration of candidacy with the lieutenant governor; and
6        (ii) pay the filing fee.
7        (b) (i) Any candidate for lieutenant governor who fails to file within five working days is
8    disqualified.
9        (ii) If a lieutenant governor is disqualified, another candidate shall be nominated to replace
10    the disqualified candidate.
11        [(4) Candidates for the offices of President and Vice President of the United States shall
12    file a declaration of candidacy with the lieutenant governor not later than the August 30 before the
13    regular general election.]
14        (4) Each registered political party shall:
15        (a) certify the names of its candidates for President and Vice-President of the United States
16    to the lieutenant governor by August 30; or
17        (b) provide written authorization for the lieutenant governor to accept the certification of
18    candidates for President and Vice-President of the United States from the national office of the
19    registered political party.
20        (5) (a) A declaration of candidacy filed under this section is valid unless a written
21    objection is filed with the clerk or lieutenant governor within five days after the last day for filing.
22        (b) If an objection is made, the clerk or lieutenant governor shall:
23        (i) mail or personally deliver notice of the objection to the affected candidate immediately;
24    and
25        (ii) decide any objection within 48 hours after it is filed.
26        (c) If the clerk or lieutenant governor sustains the objection, the candidate may cure the
27    problem by amending the declaration or petition within three days after the objection is sustained
28    or by filing a new declaration within three days after the objection is sustained.
29        (d) (i) The clerk's or lieutenant governor's decision upon objections to form is final.
30        (ii) The clerk's or lieutenant governor's decision upon substantive matters is reviewable
31    by a district court if prompt application is made to the court.

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1        (iii) The decision of the district court is final unless the Supreme Court, in the exercise of
2    its discretion, agrees to review the lower court decision.
3        (6) Any person who filed a declaration of candidacy may withdraw as a candidate by filing
4    a written affidavit with the clerk.
5        Section 6. Section 20A-9-403 is amended to read:
6         20A-9-403. Regular primary elections.
7        (1) (a) The fourth Tuesday of June of each even-numbered year is designated as regular
8    primary election day.
9        (b) Each registered political party that chooses to use the primary election process to
10    nominate some or all of its candidates shall comply with the requirements of this section.
11        (2) (a) (i) Each registered political party that wishes to participate in the primary election
12    shall submit the names of its county candidates to the county clerks and the names of all of its
13    [statewide or multicounty] candidates to the lieutenant governor by 5 p.m. on May [20] 13 of each
14    even-numbered year.
15        (ii) By 5 p.m. on May [14] 16 of each even-numbered year, the lieutenant governor shall
16    send the county clerks a certified list of the names of all statewide or multicounty candidates that
17    must be printed on the primary ballot.
18        (b) (i) [If] Except as provided in Subsection (b)(ii), if a registered political party does not
19    wish to participate in the primary election, it shall submit the names of its county candidates to the
20    county clerks and the names of all of its [statewide or multicounty] candidates to the lieutenant
21    governor by 5 p.m. on [August 15] May 30 of each even-numbered year.
22        (ii) Notwithstanding Subsection (b)(i), a registered political party's candidates for
23    President and Vice-President of the United States shall be certified to the lieutenant governor as
24    provided in Subsection 20A-9-202(4).
25        (3) The county clerk shall:
26        (a) review the declarations of candidacy filed by candidates for local boards of education
27    to determine if more than two candidates have filed for the same seat;
28        (b) place the names of all candidates who have filed a declaration of candidacy for a local
29    board of education seat on the nonpartisan section of the ballot if more than two candidates have
30    filed for the same seat; and
31        (c) conduct a lottery to determine the order of the candidates' names on the ballot.

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1        (4) After the county clerk receives the certified list from a registered political party, the
2    county clerk shall post or publish a primary election notice in substantially the following form:
3        "Notice is given that a primary election will be held Tuesday, June ____, 19__, to nominate
4    party candidates for the parties and nonpartisan offices listed on the primary ballot. The polling
5    place for voting precinct ____ is ____. The polls will open at 7 a.m. and continue open until 8
6    p.m. of the same day. Attest: county clerk".
7        (5) (a) Candidates receiving the highest number of votes cast for each office at the regular
8    primary election are nominated by their party or nonpartisan group for that office.
9        (b) If two or more candidates are to be elected to the office at the regular general election,
10    those party candidates equal in number to positions to be filled who receive the highest number
11    of votes at the regular primary election are the nominees of their party for those positions.
12        (6) (a) When a tie vote occurs in any primary election for any national, state, or other
13    office that represents more than one county, the governor, lieutenant governor, and attorney
14    general shall, at a public meeting called by the governor and in the presence of the candidates
15    involved, select the nominee by lot cast in whatever manner the governor determines.
16        (b) When a tie vote occurs in any primary election for any county office, the district court
17    judges of the district in which the county is located shall, at a public meeting called by the judges
18    and in the presence of the candidates involved, select the nominee by lot cast in whatever manner
19    the judges determine.
20        (7) The expense of providing all ballots, blanks, or other supplies to be used at any primary
21    election provided for by this section, and all expenses necessarily incurred in the preparation for
22    or the conduct of that primary election shall be paid out of the treasury of the county or state, in
23    the same manner as for the regular general elections.
24        Section 7. Repealer.
25        This act repeals:
26        Section 20A-8-107, Naming registered political parties.
27        Section 20A-11-501, Political party registration requirements -- Rights of registered
28     political parties.
29        Section 20A-11-502, Political party registration requirements -- Petition procedures.
30        Section 20A-11-503, Political party registration requirements -- Certification
31     procedures.

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1        Section 20A-11-504, Political party registration requirements -- Naming registered
2     political parties.
3        Section 20A-11-505, Political party registration requirements -- Bylaws.

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