First Substitute 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; CLARIFYING ISSUES
7 RELATING TO CERTIFYING THE NAMES OF CANDIDATES FOR PRESIDENT AND
8 VICE PRESIDENT OF THE UNITED STATES FOR PLACEMENT ON THE BALLOT;
9 AND MAKING TECHNICAL CORRECTIONS.
10 This act affects sections of Utah Code Annotated 1953 as follows:
11 AMENDS:
12 20A-9-202, as last amended by Chapters 79 and 258, Laws of Utah 1996
13 20A-9-403, as last amended by Chapters 1 and 340, Laws of Utah 1995
14 20A-14-104, as enacted by Chapter 1, Laws of Utah 1995
15 Be it enacted by the Legislature of the state of Utah:
16 Section 1. Section 20A-9-202 is amended to read:
17 20A-9-202. Declarations of candidacy for regular general elections -- Requirements
18 for candidates.
19 (1) (a) Each person seeking to become a candidate for elective office for any county office
20 that is to be filled at the next regular general election shall:
21 (i) file a declaration of candidacy in person with the county clerk between March 7 and
22 March 17 before the next regular general election; and
23 (ii) pay the filing fee.
24 (b) Each person intending to become a candidate for any multi-county office that is to be
25 filled at the next regular general election shall:
26 (i) file a declaration of candidacy in person with either the lieutenant governor or the
27 county clerk in the candidate's county of residence between March 7 and March 17 before the next

1 regular general election; and
2 (ii) pay the filing fee.
3 (c) Each county clerk who receives a declaration of candidacy from a candidate for
4 multi-county office shall transmit the filing fee and a copy of the candidate's declaration of
5 candidacy to the lieutenant governor within one working day after it is filed.
6 (d) Each person seeking to become a candidate for elective office for any federal office
7 or constitutional office that is to be filled at the next regular general election shall:
8 (i) file a declaration of candidacy in person with the lieutenant governor between March
9 7 and March 17 before the next regular general election; and
10 (ii) pay the filing fee.
11 (e) Each person seeking the office of lieutenant governor, the office of district attorney,
12 or the office of President or Vice President of the United States shall comply with the specific
13 declaration of candidacy requirements established by this section.
14 (2) (a) Each person intending to become a candidate for the office of district attorney
15 within a multicounty prosecution district that is to be filled at the next regular general election
16 shall:
17 (i) file a declaration of candidacy with the clerk designated in the interlocal agreement
18 creating the prosecution district between March 7 and March 17 before the next regular general
19 election; and
20 (ii) pay the filing fee.
21 (b) The designated clerk shall provide to the county clerk of each county in the prosecution
22 district a certified copy of each declaration of candidacy filed for the office of district attorney.
23 (3) (a) Within five working days of nomination, each lieutenant governor candidate shall:
24 (i) file a declaration of candidacy with the lieutenant governor; and
25 (ii) pay the filing fee.
26 (b) (i) Any candidate for lieutenant governor who fails to file within five working days is
27 disqualified.
28 (ii) If a lieutenant governor is disqualified, another candidate shall be nominated to replace
29 the disqualified candidate.
30 [(4) Candidates for the offices of President and Vice President of the United States shall
31 file a declaration of candidacy with the lieutenant governor not later than the August 30 before the

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1 regular general election.]
2 (4) Each registered political party shall:
3 (a) certify the names of its candidates for President and Vice President of the United States
4 to the lieutenant governor by August 30; or
5 (b) provide written authorization for the lieutenant governor to accept the certification of
6 candidates for President and Vice President of the United States from the national office of the
7 registered political party.
8 (5) (a) A declaration of candidacy filed under this section is valid unless a written
9 objection is filed with the clerk or lieutenant governor within five days after the last day for filing.
10 (b) If an objection is made, the clerk or lieutenant governor shall:
11 (i) mail or personally deliver notice of the objection to the affected candidate immediately;
12 and
13 (ii) decide any objection within 48 hours after it is filed.
14 (c) If the clerk or lieutenant governor sustains the objection, the candidate may cure the
15 problem by amending the declaration or petition within three days after the objection is sustained
16 or by filing a new declaration within three days after the objection is sustained.
17 (d) (i) The clerk's or lieutenant governor's decision upon objections to form is final.
18 (ii) The clerk's or lieutenant governor's decision upon substantive matters is reviewable
19 by a district court if prompt application is made to the court.
20 (iii) The decision of the district court is final unless the Supreme Court, in the exercise of
21 its discretion, agrees to review the lower court decision.
22 (6) Any person who filed a declaration of candidacy may withdraw as a candidate by filing
23 a written affidavit with the clerk.
24 Section 2. Section 20A-9-403 is amended to read:
25 20A-9-403. Regular primary elections.
26 (1) (a) The fourth Tuesday of June of each even-numbered year is designated as regular
27 primary election day.
28 (b) Each registered political party that chooses to use the primary election process to
29 nominate some or all of its candidates shall comply with the requirements of this section.
30 (2) (a) (i) Each registered political party that wishes to participate in the primary election
31 shall submit the names of its county candidates to the county clerks and the names of its statewide

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1 or multicounty candidates to the lieutenant governor by 5 p.m. on May 20 of each even-numbered
2 year.
3 (ii) By 5 p.m. on May 14 of each even-numbered year, the lieutenant governor shall send
4 the county clerks a certified list of the names of all statewide or multicounty candidates that must
5 be printed on the primary ballot.
6 (b) [If] (i) Except as provided in Subsection (ii), if a registered political party does not
7 wish to participate in the primary election, it shall submit the names of its county candidates to the
8 county clerks and the names of its statewide or multicounty candidates to the lieutenant governor
9 by 5 p.m. on August 15 of each even-numbered year.
10 (ii) Notwithstanding Subsection (b)(i), a registered political party's candidates for
11 President and Vice President of the United States shall be certified to the lieutenant governor as
12 provided in Subsection 20A-9-202(4).
13 (3) The county clerk shall:
14 (a) review the declarations of candidacy filed by candidates for local boards of education
15 to determine if more than two candidates have filed for the same seat;
16 (b) place the names of all candidates who have filed a declaration of candidacy for a local
17 board of education seat on the nonpartisan section of the ballot if more than two candidates have
18 filed for the same seat; and
19 (c) conduct a lottery to determine the order of the candidates' names on the ballot.
20 (4) After the county clerk receives the certified list from a registered political party, the
21 county clerk shall post or publish a primary election notice in substantially the following form:
22 "Notice is given that a primary election will be held Tuesday, June ____, 19__, to nominate
23 party candidates for the parties and nonpartisan offices listed on the primary ballot. The polling
24 place for voting precinct ____ is ____. The polls will open at 7 a.m. and continue open until 8
25 p.m. of the same day. Attest: county clerk".
26 (5) (a) Candidates receiving the highest number of votes cast for each office at the regular
27 primary election are nominated by their party or nonpartisan group for that office.
28 (b) If two or more candidates are to be elected to the office at the regular general election,
29 those party candidates equal in number to positions to be filled who receive the highest number
30 of votes at the regular primary election are the nominees of their party for those positions.
31 (6) (a) When a tie vote occurs in any primary election for any national, state, or other

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1 office that represents more than one county, the governor, lieutenant governor, and attorney
2 general shall, at a public meeting called by the governor and in the presence of the candidates
3 involved, select the nominee by lot cast in whatever manner the governor determines.
4 (b) When a tie vote occurs in any primary election for any county office, the district court
5 judges of the district in which the county is located shall, at a public meeting called by the judges
6 and in the presence of the candidates involved, select the nominee by lot cast in whatever manner
7 the judges determine.
8 (7) The expense of providing all ballots, blanks, or other supplies to be used at any primary
9 election provided for by this section, and all expenses necessarily incurred in the preparation for
10 or the conduct of that primary election shall be paid out of the treasury of the county or state, in
11 the same manner as for the regular general elections.
12 Section 3. Section 20A-14-104 is amended to read:
13 20A-14-104. Becoming a candidate for membership on the State Board of Education
14 -- Nominating committees -- Membership -- Procedure -- Duties.
15 [(1) Each individual who wishes to become a candidate for the State Board of Education
16 shall submit a written request for consideration to the nominating committee of the State Board
17 District in which he resides by June 15 of the year in which that district will elect a member of the
18 State Board of Education.]
19 (1) (a) Persons interested in becoming a candidate for the State Board of Education shall
20 file a declaration of candidacy according to the procedures and requirements of Sections
21 20A-9-201 and 20A-9-202.
22 (b) By June 1 of the year in which a State Board of Education member's term expires, the
23 lieutenant governor shall submit the name of each person who has filed a declaration of candidacy
24 for the State Board of Education to the nominating committee for the State Board of Education
25 district in which that candidate resides.
26 (2) By May 1 of the year in which a State Board of Education member's term expires, the
27 governor shall:
28 (a) appoint a nominating committee consisting of seven members, each to serve a one-year
29 term, for the state board district that member represents;
30 (b) ensure that each member of the nominating committee resides within the state board
31 district; and

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1 (c) ensure that:
2 (i) one member of the nominating committee serves on a local school board within the
3 state board district;
4 (ii) one member of the nominating committee is employed as a school district or public
5 school administrator;
6 (iii) one member of the nominating committee is employed as a public school teacher;
7 (iv) one member of the nominating committee belongs to a parent association that provides
8 direct and ongoing support to public schools within the district; and
9 (v) three members of the nominating committee represent economic interests and the
10 public at large; and
11 (d) designate one member to serve as chair for the committee.
12 (3) (a) The chair, or another member of the committee designated by the chair, shall
13 schedule and convene all committee meetings.
14 (b) Any formal action by the committee requires the approval of at least four committee
15 members.
16 (c) Members of the nominating committee shall serve without compensation, but they may
17 be reimbursed for expenses incurred in the performance of their official duties as established by
18 the Division of Finance.
19 (4) Each nominating committee shall:
20 (a) prepare a list of candidates for membership on the State Board of Education from its
21 district;
22 (b) submit a list of up to five but no fewer than three candidates for the state board position
23 to the governor by August 1; and
24 (c) ensure that the list includes appropriate background information on each candidate.

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