First Substitute S.B. 78

1

ELECTION LAW - POLITICAL PARTIES
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 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

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] 15,000 registered voters on or before [March 1] February 15 of the year 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 for words, and identify the emblem of 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

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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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