S.B. 82 Enrolled

ELECTION LAW - CANDIDATE ISSUES
1997 GENERAL SESSION
STATE OF UTAH
Sponsor: L. Steven Poulton
AN ACT RELATING TO ELECTIONS; REQUIRING A DECLARATION OF CANDIDACY
FOR CANDIDATES FOR THE STATE BOARD OF EDUCATION; CLARIFYING
ISSUES RELATING TO CERTIFYING THE NAMES OF CANDIDATES FOR
PRESIDENT AND VICE PRESIDENT OF THE UNITED STATES FOR PLACEMENT
ON THE BALLOT; AND MAKING TECHNICAL CORRECTIONS.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
20A-9-202, as last amended by Chapters 79 and 258, Laws of Utah 1996
20A-9-403, as last amended by Chapters 1 and 340, Laws of Utah 1995
20A-14-104, as enacted by Chapter 1, Laws of Utah 1995
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 20A-9-202 is amended to read:
20A-9-202. Declarations of candidacy for regular general elections -- Requirements
for candidates.
(1) (a) Each person seeking to become a candidate for elective office for any county office
that is to be filled at the next regular general election shall:
(i) file a declaration of candidacy in person with the county clerk between March 7 and
March 17 before the next regular general election; and
(ii) pay the filing fee.
(b) Each person intending to become a candidate for any multi-county office that is to be
filled at the next regular general election shall:
(i) file a declaration of candidacy in person with either the lieutenant governor or the
county clerk in the candidate's county of residence between March 7 and March 17 before the next
regular general election; and
(ii) pay the filing fee.

(c) Each county clerk who receives a declaration of candidacy from a candidate for
multi-county office shall transmit the filing fee and a copy of the candidate's declaration of
candidacy to the lieutenant governor within one working day after it is filed.
(d) Each person seeking to become a candidate for elective office for any federal office or
constitutional office that is to be filled at the next regular general election shall:
(i) file a declaration of candidacy in person with the lieutenant governor between March 7
and March 17 before the next regular general election; and
(ii) pay the filing fee.
(e) Each person seeking the office of lieutenant governor, the office of district attorney, or
the office of President or Vice President of the United States shall comply with the specific
declaration of candidacy requirements established by this section.
(2) (a) Each person intending to become a candidate for the office of district attorney within
a multicounty prosecution district that is to be filled at the next regular general election shall:
(i) file a declaration of candidacy with the clerk designated in the interlocal agreement
creating the prosecution district between March 7 and March 17 before the next regular general
election; and
(ii) pay the filing fee.
(b) The designated clerk shall provide to the county clerk of each county in the prosecution
district a certified copy of each declaration of candidacy filed for the office of district attorney.
(3) (a) Within five working days of nomination, each lieutenant governor candidate shall:
(i) file a declaration of candidacy with the lieutenant governor; and
(ii) pay the filing fee.
(b) (i) Any candidate for lieutenant governor who fails to file within five working days is
disqualified.
(ii) If a lieutenant governor is disqualified, another candidate shall be nominated to replace
the disqualified candidate.
[(4) Candidates for the offices of President and Vice President of the United States shall file
a declaration of candidacy with the lieutenant governor not later than the August 30 before the

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regular general election.]
(4) Each registered political party shall:
(a) certify the names of its candidates for President and Vice President of the United States
to the lieutenant governor by August 30; or
(b) provide written authorization for the lieutenant governor to accept the certification of
candidates for President and Vice President of the United States from the national office of the
registered political party.
(5) (a) A declaration of candidacy filed under this section is valid unless a written objection
is filed with the clerk or lieutenant governor within five days after the last day for filing.
(b) If an objection is made, the clerk or lieutenant governor shall:
(i) mail or personally deliver notice of the objection to the affected candidate immediately;
and
(ii) decide any objection within 48 hours after it is filed.
(c) If the clerk or lieutenant governor sustains the objection, the candidate may cure the
problem by amending the declaration or petition within three days after the objection is sustained
or by filing a new declaration within three days after the objection is sustained.
(d) (i) The clerk's or lieutenant governor's decision upon objections to form is final.
(ii) The clerk's or lieutenant governor's decision upon substantive matters is reviewable by
a district court if prompt application is made to the court.
(iii) The decision of the district court is final unless the Supreme Court, in the exercise of
its discretion, agrees to review the lower court decision.
(6) Any person who filed a declaration of candidacy may withdraw as a candidate by filing
a written affidavit with the clerk.
Section 2. Section 20A-9-403 is amended to read:
20A-9-403. Regular primary elections.
(1) (a) The fourth Tuesday of June of each even-numbered year is designated as regular
primary election day.
(b) Each registered political party that chooses to use the primary election process to

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nominate some or all of its candidates shall comply with the requirements of this section.
(2) (a) (i) Each registered political party that wishes to participate in the primary election
shall submit the names of its county candidates to the county clerks and the names of its statewide
or multicounty candidates to the lieutenant governor by 5 p.m. on May 20 of each even-numbered
year.
(ii) By 5 p.m. on May 14 of each even-numbered year, the lieutenant governor shall send
the county clerks a certified list of the names of all statewide or multicounty candidates that must
be printed on the primary ballot.
(b) [If] (i) Except as provided in Subsection (ii), if a registered political party does not wish
to participate in the primary election, it shall submit the names of its county candidates to the county
clerks and the names of its statewide or multicounty candidates to the lieutenant governor by 5 p.m.
on August 15 of each even-numbered year.
(ii) Notwithstanding Subsection (b)(i), a registered political party's candidates for President
and Vice President of the United States shall be certified to the lieutenant governor as provided in
Subsection 20A-9-202(4).
(3) The county clerk shall:
(a) review the declarations of candidacy filed by candidates for local boards of education to
determine if more than two candidates have filed for the same seat;
(b) place the names of all candidates who have filed a declaration of candidacy for a local
board of education seat on the nonpartisan section of the ballot if more than two candidates have
filed for the same seat; and
(c) conduct a lottery to determine the order of the candidates' names on the ballot.
(4) After the county clerk receives the certified list from a registered political party, the
county clerk shall post or publish a primary election notice in substantially the following form:
"Notice is given that a primary election will be held Tuesday, June ____, 19__, to nominate
party candidates for the parties and nonpartisan offices listed on the primary ballot. The polling
place for voting precinct ____ is ____. The polls will open at 7 a.m. and continue open until 8 p.m.
of the same day. Attest: county clerk".

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(5) (a) Candidates receiving the highest number of votes cast for each office at the regular
primary election are nominated by their party or nonpartisan group for that office.
(b) If two or more candidates are to be elected to the office at the regular general election,
those party candidates equal in number to positions to be filled who receive the highest number of
votes at the regular primary election are the nominees of their party for those positions.
(6) (a) When a tie vote occurs in any primary election for any national, state, or other office
that represents more than one county, the governor, lieutenant governor, and attorney general shall,
at a public meeting called by the governor and in the presence of the candidates involved, select the
nominee by lot cast in whatever manner the governor determines.
(b) When a tie vote occurs in any primary election for any county office, the district court
judges of the district in which the county is located shall, at a public meeting called by the judges
and in the presence of the candidates involved, select the nominee by lot cast in whatever manner
the judges determine.
(7) The expense of providing all ballots, blanks, or other supplies to be used at any primary
election provided for by this section, and all expenses necessarily incurred in the preparation for or
the conduct of that primary election shall be paid out of the treasury of the county or state, in the
same manner as for the regular general elections.
Section 3. Section 20A-14-104 is amended to read:
20A-14-104. Becoming a candidate for membership on the State Board of Education
-- Nominating committees -- Membership -- Procedure -- Duties.
[(1) Each individual who wishes to become a candidate for the State Board of Education
shall submit a written request for consideration to the nominating committee of the State Board
District in which he resides by June 15 of the year in which that district will elect a member of the
State Board of Education.]
(1) (a) Persons interested in becoming a candidate for the State Board of Education shall file
a declaration of candidacy according to the procedures and requirements of Sections 20A-9-201 and
20A-9-202.
(b) By June 1 of the year in which a State Board of Education member's term expires, the

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lieutenant governor shall submit the name of each person who has filed a declaration of candidacy
for the State Board of Education to the nominating committee for the State Board of Education
district in which that candidate resides.
(2) By May 1 of the year in which a State Board of Education member's term expires, the
governor shall:
(a) appoint a nominating committee consisting of seven members, each to serve a one-year
term, for the state board district that member represents;
(b) ensure that each member of the nominating committee resides within the state board
district; and
(c) ensure that:
(i) one member of the nominating committee serves on a local school board within the state
board district;
(ii) one member of the nominating committee is employed as a school district or public
school administrator;
(iii) one member of the nominating committee is employed as a public school teacher;
(iv) one member of the nominating committee belongs to a parent association that provides
direct and ongoing support to public schools within the district; and
(v) three members of the nominating committee represent economic interests and the public
at large; and
(d) designate one member to serve as chair for the committee.
(3) (a) The chair, or another member of the committee designated by the chair, shall schedule
and convene all committee meetings.
(b) Any formal action by the committee requires the approval of at least four committee
members.
(c) Members of the nominating committee shall serve without compensation, but they may
be reimbursed for expenses incurred in the performance of their official duties as established by the
Division of Finance.
(4) Each nominating committee shall:

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(a) prepare a list of candidates for membership on the State Board of Education from its
district;
(b) submit a list of up to five but no fewer than three candidates for the state board position
to the governor by August 1; and
(c) ensure that the list includes appropriate background information on each candidate.

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