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H.B. 77 Enrolled

                 

FILLING MIDTERM VACANCIES IN THE LEGISLATURE

                 
1998 GENERAL SESSION

                 
STATE OF UTAH

                 
Sponsor: David Ure

                  AN ACT RELATING TO ELECTIONS; MODIFYING PROCEDURES FOR FILLING
                  MIDTERM VACANCIES IN THE LEGISLATURE; AND MAKING TECHNICAL
                  CORRECTIONS.
                  This act affects sections of Utah Code Annotated 1953 as follows:
                  AMENDS:
                      20A-1-503, as enacted by Chapter 1, Laws of Utah 1993
                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. Section 20A-1-503 is amended to read:
                       20A-1-503. Midterm vacancies in the Legislature.
                      (1) As used in this section, "central committee" means:
                      (a) the state central committee, when the legislative district encompasses more than one
                  county; and
                      (b) the county central committee, when the legislative district is entirely within one
                  county.
                      (2) When a vacancy occurs for any reason in the office of representative in the Legislature,
                  the governor shall fill the vacancy by:
                      (a) appointing the person who meets the qualifications for the office whose name was
                  submitted by the central committee of the same political party of the prior officeholder if the
                  process used to nominate the replacement was the standard process used by that political party to
                  select a candidate without a primary election;
                      (b) appointing a person who meets the qualifications for the office from two persons
                  whose names were submitted by the central committee of the same political party of the prior
                  officeholder if the process used to nominate those persons was the standard process used by that
                  political party to select candidates for the primary election ballot; or
                      (c) appointing a person who meets the qualifications for the office from three persons


                  nominated by the central committee of the same political party as the prior officeholder.
                      (3) (a) When a vacancy occurs for any reason in the office of senator in the Legislature, it
                  shall be filled for the unexpired term at the next regular general election.
                      (b) The governor shall fill the vacancy until the next regular general election by:
                      (i) appointing the person who meets the qualifications for the office whose name was
                  submitted by the central committee of the same political party of the prior officeholder if the process
                  used to select that person was the standard process used by that political party to nominate the
                  replacement without a primary election;
                      (ii) appointing a person who meets the qualifications for the office from two persons whose
                  names were submitted by the central committee of the same political party of the prior officeholder
                  if the process used to nominate those persons was the standard process used by that political party
                  to select candidates for the primary election ballot; or
                      (iii) appointing a person who meets the qualifications for the office from three persons
                  nominated by the central committee of the same political party as the prior officeholder.

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