First Substitute H.B. 99

Representative Neil A. Hansen proposes the following substitute bill:

1 CERTIFICATION OF CANDIDATES FOR
2 POLITICAL OFFICES
3 2003 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Neil A. Hansen
6 This act modifies Election Code provisions governing declarations of candidacy. This act
7 allows political parties to nominate candidates who have not filed declarations of
8 candidacy. This act requires candidates for the primary and general election who have
9 not filed declarations of candidacy to file declarations of candidacy between May 1 and
10 May 5 and modifies the dates for challenging a declaration of candidacy. This act makes
11 technical corrections.
12 This act affects sections of Utah Code Annotated 1953 as follows:
13 AMENDS:
14 20A-1-509.1, as enacted by Chapter 139, Laws of Utah 1997
15 20A-9-202, as last amended by Chapter 45, Laws of Utah 1999
16 Be it enacted by the Legislature of the state of Utah:
17 Section 1. Section 20A-1-509.1 is amended to read:
18 20A-1-509.1. Procedure for filling midterm vacancy in county or district with 15
19 or more attorneys.
20 (1) When a vacancy occurs in the office of county or district attorney in a county or
21 district having 15 or more attorneys who are licensed active members in good standing with the
22 Utah State Bar and registered voters, the vacancy shall be filled as provided in this section.
23 (2) (a) The requirements of this subsection apply when the office of county attorney or
24 district attorney becomes vacant and:
25 (i) the vacant office has an unexpired term of two years or more; and

26 (ii) the vacancy occurs before [March 17] May 5 of the even-numbered year.
27 (b) When the conditions established in Subsection (2)(a) are met, the county clerk shall
28 notify the public and each registered political party that the vacancy exists.
29 (c) All persons intending to become candidates for the vacant office shall:
30 (i) file a declaration of candidacy according to the procedures and requirements of Title
31 20A, Chapter 9, Part 2;
32 (ii) if nominated as a party candidate or qualified as an independent or write-in
33 candidate under Title 20A, Chapter 9, run in the regular general election; and
34 (iii) if elected, complete the unexpired term of the person who created the vacancy.
35 [(d) If the vacancy occurs after March 9 and before March 17, the time for filing a
36 declaration of candidacy under Section 20A-9-202 shall be extended until ten days after the
37 county clerk gives notice under Subsection (2)(b), but no later than March 27.]
38 (3) (a) The requirements of this subsection apply when the office of county attorney or
39 district attorney becomes vacant and:
40 (i) the vacant office has an unexpired term of two years or more; and
41 (ii) the vacancy occurs after [March 16] May 5 of the even-numbered year but more
42 than 50 days before the regular primary election.
43 (b) When the conditions established in Subsection (3)(a) are met, the county clerk
44 shall:
45 (i) notify the public and each registered political party that the vacancy exists; and
46 (ii) identify the date and time by which a person interested in becoming a candidate
47 must file a declaration of candidacy.
48 (c) All persons intending to become candidates for the vacant office shall:
49 (i) within five days after the date that the notice is made, ending at 5 p.m. on the fifth
50 day, file a declaration of candidacy for the vacant office as required by Title 20A, Chapter 9,
51 Part 2; and
52 (ii) if elected, complete the unexpired term of the person who created the vacancy.
53 (d) The county central committee of each party shall:
54 (i) select a candidate or candidates from among those qualified candidates who have
55 filed declarations of candidacy; and
56 (ii) certify the name of the candidate or candidates to the county clerk at least 35 days

57 before the regular primary election.
58 (4) (a) The requirements of this subsection apply when the office of county attorney or
59 district attorney becomes vacant and:
60 (i) the vacant office has an unexpired term of two years or more; and
61 (ii) 50 days or less remain before the regular primary election but more than 50 days
62 remain before the regular general election.
63 (b) When the conditions established in Subsection (4)(a) are met, the county central
64 committees of each registered political party that wish to submit a candidate for the office shall
65 summarily certify the name of one candidate to the county clerk for placement on the regular
66 general election ballot.
67 (c) The candidate elected shall complete the unexpired term of the person who created
68 the vacancy.
69 (5) (a) The requirements of this subsection apply when the office of county attorney or
70 district attorney becomes vacant and:
71 (i) the vacant office has an unexpired term of less than two years; or
72 (ii) the vacant office has an unexpired term of two years or more but 50 days or less
73 remain before the next regular general election.
74 (b) When the conditions established in Subsection (5)(a) are met, the county legislative
75 body shall give notice of the vacancy to the county central committee of the same political
76 party of the prior officeholder and invite that committee to submit the names of three nominees
77 to fill the vacancy.
78 (c) That county central committee shall, within 30 days of receiving notice from the
79 county legislative body, submit to the county legislative body the names of three nominees to
80 fill the vacancy.
81 (d) The county legislative body shall, within 45 days after the vacancy occurs, appoint
82 one of those nominees to serve out the unexpired term.
83 (e) If the county legislative body fails to appoint a person to fill the vacancy within 45
84 days, the county clerk shall send to the governor a letter that:
85 (i) informs the governor that the county legislative body has failed to appoint a person
86 to fill the vacancy within the statutory time period; and
87 (ii) contains the list of nominees submitted by the party central committee.

88 (f) The governor shall appoint a person to fill the vacancy from that list of nominees
89 within 30 days after receipt of the letter.
90 (g) A person appointed to fill the vacancy under Subsection (5) shall complete the
91 unexpired term of the person who created the vacancy.
92 (6) Nothing in this section prevents or prohibits independent candidates from filing a
93 declaration of candidacy for the office within the required time limits.
94 Section 2. Section 20A-9-202 is amended to read:
95 20A-9-202. Declarations of candidacy for regular general elections --
96 Requirements for candidates.
97 (1) (a) [Each] A person seeking to become a candidate for elective office for any
98 county office that is to be filled at the next regular general election [shall] may:
99 (i) file a declaration of candidacy in person with the county clerk between the March 7
100 and before 5 p.m. on the March 17 before the next regular general election; and
101 (ii) pay the filing fee.
102 (b) [Each] A person intending to become a candidate for any legislative office or
103 multicounty office that is to be filled at the next regular general election [shall] may:
104 (i) file a declaration of candidacy in person with either the lieutenant governor or the
105 county clerk in the candidate's county of residence between the March 7 and before 5 p.m. on
106 the March 17 before the next regular general election; and
107 (ii) pay the filing fee.
108 (c) Each person seeking to become a candidate for elective office for any partisan
109 county office that is to be filled at the next regular general election who has not filed a
110 declaration of candidacy under Subsection (1) but who is certified by a registered political party
111 as a candidate for the primary election under Section 20A-9-403 or who will be certified by a
112 registered political party as a candidate for the general election under Section 20A-9-701 , shall:
113 (i) file a declaration of candidacy in person with the county clerk between the May 1
114 and before 5 p.m. on the May 5 before the next regular general election; and
115 (ii) pay the filing fee.
116 (d) Each person intending to become a candidate for any legislative office or
117 multicounty office that is to be filled at the next regular general election who has not filed a
118 declaration of candidacy under Subsection (1) but who is certified by a registered political party

119 as a candidate for the primary election under Section 20A-9-403 or who will be certified by a
120 registered political party as a candidate for the general election under Section 20A-9-701 , shall:
121 (i) file a declaration of candidacy in person with either the lieutenant governor or the
122 county clerk in the candidate's county of residence between the May 1 and before 5 p.m. on the
123 May 5 before the next regular general election; and
124 (ii) pay the filing fee.
125 [(c)] (e) (i) Each county clerk who receives a declaration of candidacy from a candidate
126 for multicounty office shall transmit the filing fee and a copy of the candidate's declaration of
127 candidacy to the lieutenant governor within one working day after it is filed.
128 (ii) Each day during the filing period, each county clerk shall notify the lieutenant
129 governor electronically or by telephone of legislative candidates who have filed in their office.
130 [(d)] (f) (i) [Each] A person seeking to become a candidate for elective office for any
131 federal office or constitutional office that is to be filled at the next regular general election
132 [shall] may:
133 [(i)] (A) file a declaration of candidacy in person with the lieutenant governor between
134 the March 7 and before 5 p.m. on the March 17 before the next regular general election; and
135 [(ii)] (B) pay the filing fee.
136 (ii) Each person seeking to become a candidate for elective office for any federal office
137 or constitutional office that is to be filled at the next regular general election who has not filed
138 a declaration of candidacy under Subsection (1) but who is certified by a registered political
139 party as a candidate for the primary election under Section 20A-9-403 or who will be certified
140 by a registered political party as a candidate for the general election under Section 20A-9-701 ,
141 shall:
142 (A) file a declaration of candidacy in person with the lieutenant governor between the
143 May 1 and before 5 p.m. on the May 5 before the next regular general election; and
144 (B) pay the filing fee.
145 [(e)] (g) Each person seeking the office of lieutenant governor, the office of district
146 attorney, or the office of President or Vice President of the United States shall comply with the
147 specific declaration of candidacy requirements established by this section.
148 (2) (a) [Each] A person intending to become a candidate for the office of district
149 attorney within a multicounty prosecution district that is to be filled at the next regular general

150 election [shall] may:
151 (i) file a declaration of candidacy with the clerk designated in the interlocal agreement
152 creating the prosecution district between the March 7 and before 5 p.m. on the March 17 before
153 the next regular general election; and
154 (ii) pay the filing fee.
155 (b) Each person seeking to become a candidate for the office of district attorney within
156 a multicounty prosecution district that is to be filled at the next regular general election who
157 has not filed a declaration of candidacy under Subsection (1) but who is certified by a
158 registered political party as a candidate for the primary election under Section 20A-9-403 or
159 who will be certified by a registered political party as a candidate for the general election under
160 Section 20A-9-701 , shall:
161 (i) file a declaration of candidacy in person with the lieutenant governor between the
162 May 1 and before 5 p.m. on the May 5 before the next regular general election; and
163 (ii) pay the filing fee.
164 [(b)] (c) The designated clerk shall provide to the county clerk of each county in the
165 prosecution district a certified copy of each declaration of candidacy filed for the office of
166 district attorney.
167 (3) [(a)] Within five working days of nomination, each lieutenant governor candidate
168 shall:
169 [(i)] (a) file a declaration of candidacy with the lieutenant governor; and
170 [(ii)] (b) pay the filing fee.
171 [(b) (i)] (4) (a) [Any] Unless a candidate has filed a declaration of candidacy in March,
172 any candidate [for lieutenant governor] who fails to file [within five working days] a
173 declaration of candidacy between May 1 and May 5 is disqualified.
174 [(ii)] (b) If a [lieutenant governor] candidate is disqualified, the political party may
175 nominate and certify another candidate [shall be nominated] to replace the disqualified
176 candidate.
177 [(4)] (5) Each registered political party shall:
178 (a) certify the names of its candidates for President and Vice President of the United
179 States to the lieutenant governor by August 30; or
180 (b) provide written authorization for the lieutenant governor to accept the certification

181 of candidates for President and Vice President of the United States from the national office of
182 the registered political party.
183 [(5)] (6) (a) A declaration of candidacy filed under this section is valid unless a written
184 objection is filed with the clerk or lieutenant governor:
185 (i) within five days after the last day for filing for candidates who file in March; or
186 (ii) by May 10 for candidates who file in May.
187 (b) If an objection is made, the clerk or lieutenant governor shall:
188 (i) mail or personally deliver notice of the objection to the affected candidate
189 immediately; and
190 (ii) decide any objection within 48 hours after it is filed.
191 (c) If the clerk or lieutenant governor sustains the objection, the candidate may cure the
192 problem by amending the declaration or petition within three days after the objection is
193 sustained or by filing a new declaration within three days after the objection is sustained.
194 (d) (i) The clerk's or lieutenant governor's decision upon objections to form is final.
195 (ii) The clerk's or lieutenant governor's decision upon substantive matters is reviewable
196 by a district court if prompt application is made to the court.
197 (iii) The decision of the district court is final unless the Supreme Court, in the exercise
198 of its discretion, agrees to review the lower court decision.
199 [(6)] (7) Any person who filed a declaration of candidacy may withdraw as a candidate
200 by filing a written affidavit with the clerk.