S.B. 82

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ELECTION LAW - CANDIDATE ISSUES
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: L. Steven Poulton
5 AN ACT RELATING TO ELECTIONS; REQUIRING A DECLARATION OF CANDIDACY
6 FOR CANDIDATES FOR THE STATE BOARD OF EDUCATION; MODIFYING THE
7 PROCESS FOR SELECTING STATE BOARD OF EDUCATION MEMBERS;
8 CLARIFYING ISSUES RELATING TO CERTIFYING THE NAMES OF CANDIDATES
9 FOR PRESIDENT AND VICE PRESIDENT OF THE UNITED STATES FOR PLACEMENT
10 ON THE BALLOT; AND MAKING TECHNICAL CORRECTIONS.
11 This act affects sections of Utah Code Annotated 1953 as follows:
12 AMENDS:
13 20A-9-202, as last amended by Chapters 79 and 258, Laws of Utah 1996
14 20A-9-403, as last amended by Chapters 1 and 340, Laws of Utah 1995
15 20A-14-105, as enacted by Chapter 1, Laws of Utah 1995
16 REPEALS AND REENACTS:
17 20A-14-104, as enacted by Chapter 1, Laws of Utah 1995
18 Be it enacted by the Legislature of the state of Utah:
19 Section 1. Section 20A-9-202 is amended to read:
20 20A-9-202. Declarations of candidacy for regular general elections -- Requirements
21 for candidates.
22 (1) (a) Each person seeking to become a candidate for elective office for any county office
23 that is to be filled at the next regular general election shall:
24 (i) file a declaration of candidacy in person with the county clerk between March 7 and
25 March 17 before the next regular general election; and
26 (ii) pay the filing fee.
27 (b) Each person intending to become a candidate for any multi-county office that is to be

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

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1 the disqualified candidate.
2 [(4) Candidates for the offices of President and Vice President of the United States shall
3 file a declaration of candidacy with the lieutenant governor not later than the August 30 before the
4 regular general election.]
5 (4) Each registered political party shall:
6 (a) certify the names of its candidates for President and Vice President of the United States
7 to the lieutenant governor by August 30; or
8 (b) provide written authorization for the lieutenant governor to accept the certification of
9 candidates for President and Vice President of the United States from the national office of the
10 registered political party.
11 (5) (a) A declaration of candidacy filed under this section is valid unless a written
12 objection is filed with the clerk or lieutenant governor within five days after the last day for filing.
13 (b) If an objection is made, the clerk or lieutenant governor shall:
14 (i) mail or personally deliver notice of the objection to the affected candidate immediately;
15 and
16 (ii) decide any objection within 48 hours after it is filed.
17 (c) If the clerk or lieutenant governor sustains the objection, the candidate may cure the
18 problem by amending the declaration or petition within three days after the objection is sustained
19 or by filing a new declaration within three days after the objection is sustained.
20 (d) (i) The clerk's or lieutenant governor's decision upon objections to form is final.
21 (ii) The clerk's or lieutenant governor's decision upon substantive matters is reviewable
22 by a district court if prompt application is made to the court.
23 (iii) The decision of the district court is final unless the Supreme Court, in the exercise of
24 its discretion, agrees to review the lower court decision.
25 (6) Any person who filed a declaration of candidacy may withdraw as a candidate by filing
26 a written affidavit with the clerk.
27 Section 2. Section 20A-9-403 is amended to read:
28 20A-9-403. Regular primary elections.
29 (1) (a) The fourth Tuesday of June of each even-numbered year is designated as regular
30 primary election day.
31 (b) Each registered political party that chooses to use the primary election process to

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1 nominate some or all of its candidates shall comply with the requirements of this section.
2 (2) (a) (i) Each registered political party that wishes to participate in the primary election
3 shall submit the names of its county candidates to the county clerks and the names of its statewide
4 or multicounty candidates to the lieutenant governor by 5 p.m. on May 20 of each even-numbered
5 year.
6 (ii) By 5 p.m. on May 14 of each even-numbered year, the lieutenant governor shall send
7 the county clerks a certified list of the names of all statewide or multicounty candidates that must
8 be printed on the primary ballot.
9 (b) [If] (i) Except as provided in Subsection (ii), if a registered political party does not
10 wish to participate in the primary election, it shall submit the names of its county candidates to the
11 county clerks and the names of its statewide or multicounty candidates to the lieutenant governor
12 by 5 p.m. on August 15 of each even-numbered year.
13 (ii) Notwithstanding Subsection (b)(i), a registered political party's candidates for
14 President and Vice President of the United States shall be certified to the lieutenant governor as
15 provided in Subsection 20A-9-202(4).
16 (3) By 5 p. m. on May 14 of each even-numbered year, the lieutenant governor shall:
17 (a) conduct a lottery to determine the order of the names of candidates for membership on
18 the State School Board on the primary ballot; and
19 (b) send each county clerk a certified list of the names and order of the names of the
20 candidates that must be printed on the primary ballot in that county clerk's county.
21 [(3)] (4) The county clerk shall:
22 (a) review the declarations of candidacy filed by candidates for local boards of education
23 to determine if more than two candidates have filed for the same seat;
24 (b) place the names of all candidates who have filed a declaration of candidacy for a local
25 board of education seat on the nonpartisan section of the ballot if more than two candidates have
26 filed for the same seat; and
27 (c) conduct a lottery to determine the order of the candidates' names on the ballot.
28 [(4)] (5) After the county clerk receives the certified list from a registered political party,
29 the county clerk shall post or publish a primary election notice in substantially the following form:
30 "Notice is given that a primary election will be held Tuesday, June ____, 19__, to nominate
31 party candidates for the parties and nonpartisan offices listed on the primary ballot. The polling

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1 place for voting precinct ____ is ____. The polls will open at 7 a.m. and continue open until 8
2 p.m. of the same day. Attest: county clerk".
3 [(5)] 6) (a) Candidates receiving the highest number of votes cast for each office at the
4 regular primary election are nominated by their party or nonpartisan group for that office.
5 (b) If two or more candidates are to be elected to the office at the regular general election,
6 those party candidates equal in number to positions to be filled who receive the highest number
7 of votes at the regular primary election are the nominees of their party for those positions.
8 [(6)] (7) (a) When a tie vote occurs in any primary election for any national, state, or other
9 office that represents more than one county, the governor, lieutenant governor, and attorney
10 general shall, at a public meeting called by the governor and in the presence of the candidates
11 involved, select the nominee by lot cast in whatever manner the governor determines.
12 (b) When a tie vote occurs in any primary election for any county office, the district court
13 judges of the district in which the county is located shall, at a public meeting called by the judges
14 and in the presence of the candidates involved, select the nominee by lot cast in whatever manner
15 the judges determine.
16 [(7)] (8) The expense of providing all ballots, blanks, or other supplies to be used at any
17 primary election provided for by this section, and all expenses necessarily incurred in the
18 preparation for or the conduct of that primary election shall be paid out of the treasury of the
19 county or state, in the same manner as for the regular general elections.
20 Section 3. Section 20A-14-104 is repealed and reenacted to read:
21 20A-14-104. Becoming a candidate for membership on the State Board of Education
22 -- Declaration of Candidacy.
23 Persons interested in becoming a candidate for the State Board of Education shall file a
24 declaration of candidacy according to the procedures and requirements of Sections 20A-9-201 and
25 20A-9-202.
26 Section 4. Section 20A-14-105 is amended to read:
27 20A-14-105. Candidates for membership on the State Board of Education -- Ballot
28 placement.
29 [(1) By September 1 of each regular general election year, the governor shall:]
30 [(a) for each state board district subject to election in that year, select two candidates for
31 the State Board of Education from the lists submitted by the state board district nominating

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1 committees; and]
2 [(b) certify the names of the two candidates from each school board district to the
3 lieutenant governor.]
4 [(2) If the governor fails to select two candidates for a state board district by September
5 1, the nominating committee from that district shall:]
6 [(a) select the two candidates; and]
7 [(b) notify the lieutenant governor of its selections by September 15.]
8 [(3)] The lieutenant governor shall:
9 [(a)] (1) conduct a lottery to determine the order of the candidates' names on the ballot;
10 [(b)] (2) certify the names and order of the names to the county clerks for placement on
11 the nonpartisan section of the ballot.




Legislative Review Note
as of 11-21-96 3:13 PM

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

Office of Legislative Research and General Counsel

Committee Note

The State and Local Affairs Interim Committee recommended this bill.

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