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First Substitute H.B. 77

Senator Howard A. Stephenson proposes to substitute the following bill:


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FILLING MIDTERM VACANCIES IN THE

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LEGISLATURE

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1998 GENERAL SESSION

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STATE OF UTAH

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Sponsor: David Ure

6    AN ACT RELATING TO ELECTIONS; MODIFYING PROCEDURES FOR FILLING
7    MIDTERM VACANCIES IN THE LEGISLATURE; AND MAKING TECHNICAL
8    CORRECTIONS.
9    This act affects sections of Utah Code Annotated 1953 as follows:
10    AMENDS:
11         20A-1-503, as enacted by Chapter 1, Laws of Utah 1993
12    Be it enacted by the Legislature of the state of Utah:
13        Section 1. Section 20A-1-503 is amended to read:
14         20A-1-503. Midterm vacancies in the Legislature.
15        (1) As used in this section[,]:
16        (a) "Central committee" means:
17        [(a)] (i) the state central committee, when the legislative district encompasses more than
18    one county; and
19        [(b)] (ii) the county central committee, when the legislative district is entirely within one
20    county.
21         S [ (b) "Legislative party leader" means:
22        (i) the speaker of the House, for a representative who is a member of the majority political
23    party;

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Amend on 2_goldenrod February 27, 1998
24        (ii) the House minority leader, for a representative who is a member of the minority
25    political party;
] s


1         S [ (iii) the Senate president, for a senator who is a member of the majority political party; or
2        (iv) the Senate minority leader, for a senator who is a member of the minority political
3    party.
] s

4        (2) When a vacancy occurs for any reason in the office of representative in the Legislature,
5    the S [ [ ] s governor S [ ] legislative party leader ] s shall fill the vacancy by:
6        (a) appointing the person who meets the qualifications for the office whose name was
7    submitted by the central committee of the same political party of the prior officeholder if the
8    process used to nominate the replacement was the standard process used by that political party to
9    select a candidate without a primary election;
10        (b) appointing a person who meets the qualifications for the office from two persons
11    whose names were submitted by the central committee of the same political party of the prior
12    officeholder if the process used to nominate those persons was the standard process used by that
13    political party to select candidates for the primary election ballot; or
14        (c) appointing a person who meets the qualifications for the office from three persons
15    nominated by the central committee of the same political party as the prior officeholder.
16        (3) (a) When a vacancy occurs for any reason in the office of senator in the Legislature,
17    it shall be filled for the unexpired term at the next regular general election.

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Amend on 2_goldenrod February 27, 1998
18        (b) The S [ [ ] s governor S [ ] legislative party leader ] s shall fill the vacancy until the next
18a    regular
19    general election by:
20        (i) appointing the person who meets the qualifications for the office whose name was
21    submitted by the central committee of the same political party of the prior officeholder if the
22    process used to select that person was the standard process used by that political party to nominate
23    the replacement without a primary election;
24        (ii) appointing a person who meets the qualifications for the office from two persons
25    whose names were submitted by the central committee of the same political party of the prior
26    officeholder if the process used to nominate those persons was the standard process used by that
27    political party to select candidates for the primary election ballot; or
28        (iii) appointing a person who meets the qualifications for the office from three persons
29    nominated by the central committee of the same political party as the prior officeholder.

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