First Substitute S.B. 97

Representative Rebecca D. Lockhart proposes the following substitute bill:

1 CERTIFICATION DEADLINE FOR
2 POLITICAL PARTIES
3 2004 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Curtis S. Bramble
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Election Code by changing the date that the names of presidential
10 candidates must be certified to the lieutenant governor.
11 Highlighted Provisions:
12 This bill:
13 . amends the certification date for political parties to certify the names of their
14 candidates for President and Vice President of the United States to the lieutenant
15 governor.
16 Monies Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 20A-9-202, as last amended by Chapter 45, Laws of Utah 1999
23 20A-9-403, as last amended by Chapters 75 and 328, Laws of Utah 2000
24
25 Be it enacted by the Legislature of the state of Utah:

26 Section 1. Section 20A-9-202 is amended to read:
27 20A-9-202. Declarations of candidacy for regular general elections --
28 Requirements for candidates.
29 (1) (a) Each person seeking to become a candidate for elective office for any county
30 office that is to be filled at the next regular general election shall:
31 (i) file a declaration of candidacy in person with the county clerk between the March 7
32 and before 5 p.m. on the March 17 before the next regular general election; and
33 (ii) pay the filing fee.
34 (b) Each person intending to become a candidate for any legislative office or
35 multicounty office that is to be filled at the next regular general election shall:
36 (i) file a declaration of candidacy in person with either the lieutenant governor or the
37 county clerk in the candidate's county of residence between the March 7 and before 5 p.m. on
38 the March 17 before the next regular general election; and
39 (ii) pay the filing fee.
40 (c) (i) Each county clerk who receives a declaration of candidacy from a candidate for
41 multicounty office shall transmit the filing fee and a copy of the candidate's declaration of
42 candidacy to the lieutenant governor within one working day after it is filed.
43 (ii) Each day during the filing period, each county clerk shall notify the lieutenant
44 governor electronically or by telephone of legislative candidates who have filed in their office.
45 (d) Each person seeking to become a candidate for elective office for any federal office
46 or constitutional office that is to be filled at the next regular general election shall:
47 (i) file a declaration of candidacy in person with the lieutenant governor between the
48 March 7 and before 5 p.m. on the March 17 before the next regular general election; and
49 (ii) pay the filing fee.
50 (e) Each person seeking the office of lieutenant governor, the office of district attorney,
51 or the office of President or Vice President of the United States shall comply with the specific
52 declaration of candidacy requirements established by this section.
53 (2) (a) Each person intending to become a candidate for the office of district attorney
54 within a multicounty prosecution district that is to be filled at the next regular general election
55 shall:
56 (i) file a declaration of candidacy with the clerk designated in the interlocal agreement

57 creating the prosecution district between the March 7 and before 5 p.m. on the March 17
58 before the next regular general election; and
59 (ii) pay the filing fee.
60 (b) The designated clerk shall provide to the county clerk of each county in the
61 prosecution district a certified copy of each declaration of candidacy filed for the office of
62 district attorney.
63 (3) (a) Within five working days of nomination, each lieutenant governor candidate
64 shall:
65 (i) file a declaration of candidacy with the lieutenant governor; and
66 (ii) pay the filing fee.
67 (b) (i) Any candidate for lieutenant governor who fails to file within five working days
68 is disqualified.
69 (ii) If a lieutenant governor is disqualified, another candidate shall be nominated to
70 replace the disqualified candidate.
71 (4) Each registered political party shall:
72 (a) certify the names of its candidates for President and Vice President of the United
73 States to the lieutenant governor by [August 30] September 3; or
74 (b) provide written authorization for the lieutenant governor to accept the certification
75 of candidates for President and Vice President of the United States from the national office of
76 the registered political party.
77 (5) (a) A declaration of candidacy filed under this section is valid unless a written
78 objection is filed with the clerk or lieutenant governor within five days after the last day for
79 filing.
80 (b) If an objection is made, the clerk or lieutenant governor shall:
81 (i) mail or personally deliver notice of the objection to the affected candidate
82 immediately; and
83 (ii) decide any objection within 48 hours after it is filed.
84 (c) If the clerk or lieutenant governor sustains the objection, the candidate may cure the
85 problem by amending the declaration or petition within three days after the objection is
86 sustained or by filing a new declaration within three days after the objection is sustained.
87 (d) (i) The clerk's or lieutenant governor's decision upon objections to form is final.

88 (ii) The clerk's or lieutenant governor's decision upon substantive matters is reviewable
89 by a district court if prompt application is made to the court.
90 (iii) The decision of the district court is final unless the Supreme Court, in the exercise
91 of its discretion, agrees to review the lower court decision.
92 (6) Any person who filed a declaration of candidacy may withdraw as a candidate by
93 filing a written affidavit with the clerk.
94 Section 2. Section 20A-9-403 is amended to read:
95 20A-9-403. Regular primary elections.
96 (1) (a) The fourth Tuesday of June of each even-numbered year is designated as regular
97 primary election day.
98 (b) Each registered political party that chooses to use the primary election process to
99 nominate some or all of its candidates shall comply with the requirements of this section.
100 (2) (a)As a condition for using the state's election system, each registered political party
101 that wishes to participate in the primary election shall:
102 (i) declare their intent to participate in the primary election;
103 (ii) identify one or more registered political parties whose members may vote for the
104 registered political party's candidates and whether or not persons identified as unaffiliated with
105 a political party may vote for the registered political party's candidates; and
106 (iii) certify that information to the lieutenant governor no later than 5 p.m. on March 1
107 of each even-numbered year.
108 (b) As a condition for using the state's election system, each registered political party
109 that wishes to participate in the primary election shall:
110 (i) certify the name and office of all of the registered political party's candidates to the
111 lieutenant governor no later than 5 p.m. on May 13 of each even-numbered year; and
112 (ii) certify the name and office of each of its county candidates to the county clerks by
113 5 p.m. on May 13 of each even-numbered year.
114 (c) By 5 p.m. on May 16 of each even-numbered year, the lieutenant governor shall
115 send the county clerks a certified list of the names of all statewide or multicounty candidates
116 that must be printed on the primary ballot.
117 (d) (i) Except as provided in Subsection (2)(d)(ii), if a registered political party does
118 not wish to participate in the primary election, it shall submit the names of its county

119 candidates to the county clerks and the names of all of its candidates to the lieutenant governor
120 by 5 p.m. on May 30 of each even-numbered year.
121 (ii) A registered political party's candidates for President and Vice-President of the
122 United States shall be certified to the lieutenant governor as provided in Subsection
123 20A-9-202 (4).
124 (e) Each political party shall certify the names of its presidential and vice-presidential
125 candidates and presidential electors to the lieutenant governor's office by [August 30]
126 September 3 of each presidential election year.
127 (3) The county clerk shall:
128 (a) review the declarations of candidacy filed by candidates for local boards of
129 education to determine if more than two candidates have filed for the same seat;
130 (b) place the names of all candidates who have filed a declaration of candidacy for a
131 local board of education seat on the nonpartisan section of the ballot if more than two
132 candidates have filed for the same seat; and
133 (c) conduct a lottery to determine the order of the candidates' names on the ballot.
134 (4) After the county clerk receives the certified list from a registered political party, the
135 county clerk shall post or publish a primary election notice in substantially the following form:
136 "Notice is given that a primary election will be held Tuesday, June ____,
137 ________(year), to nominate party candidates for the parties and nonpartisan offices listed on
138 the primary ballot. The polling place for voting precinct ____ is ____. The polls will open at 7
139 a.m. and continue open until 8 p.m. of the same day. Attest: county clerk".
140 (5) (a) Candidates receiving the highest number of votes cast for each office at the
141 regular primary election are nominated by their party or nonpartisan group for that office.
142 (b) If two or more candidates are to be elected to the office at the regular general
143 election, those party candidates equal in number to positions to be filled who receive the
144 highest number of votes at the regular primary election are the nominees of their party for those
145 positions.
146 (6) (a) When a tie vote occurs in any primary election for any national, state, or other
147 office that represents more than one county, the governor, lieutenant governor, and attorney
148 general shall, at a public meeting called by the governor and in the presence of the candidates
149 involved, select the nominee by lot cast in whatever manner the governor determines.

150 (b) When a tie vote occurs in any primary election for any county office, the district
151 court judges of the district in which the county is located shall, at a public meeting called by
152 the judges and in the presence of the candidates involved, select the nominee by lot cast in
153 whatever manner the judges determine.
154 (7) The expense of providing all ballots, blanks, or other supplies to be used at any
155 primary election provided for by this section, and all expenses necessarily incurred in the
156 preparation for or the conduct of that primary election shall be paid out of the treasury of the
157 county or state, in the same manner as for the regular general elections.