S.B. 204 Enrolled

1

MIDTERM VACANCY AMENDMENTS
2 2010 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Benjamin M. McAdams
5 House Sponsor: Rebecca Chavez-Houck
6
7 LONG TITLE
8 General Description:
9 This bill amends a provision relating to a midterm vacancy in the Legislature.
10 Highlighted Provisions:
11 This bill:
12 . defines "filing deadline" as the final date for filing a declaration of candidacy and a
13 certificate of nomination;
14 . provides procedures for obtaining a position on the ballot for an office of senator, if
15 a vacancy in the office occurs after the filing deadline but before September 1 of an
16 even-numbered year in which the term of office does not expire;
17 . requires the lieutenant governor to:
18 . provide notice of a vacancy; and
19 . establish a filing deadline; and
20 . provides that a vacancy in the office of senator be filled for the unexpired term if
21 the vacancy occurs on or after September 1 of an even-numbered year in which the
22 term of office does not expire.
23 Monies Appropriated in this Bill:
24 None
25 Other Special Clauses:
26 None
27 Utah Code Sections Affected:
28 AMENDS:
29 20A-1-503, as last amended by Laws of Utah 2004, Chapter 38

30
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 20A-1-503 is amended to read:
33 20A-1-503. Midterm vacancies in the Legislature.
34 (1) As used in this section[, "party]:
35 (a) "Filing deadline" means the final date for filing:
36 (i) a declaration of candidacy as provided in Section 20A-9-202 ; and
37 (ii) a certificate of nomination as provided in Section 20A-9-503 .
38 (b) "Party liaison" means the political party officer designated to serve as a liaison
39 with the lieutenant governor on all matters relating to the political party's relationship with the
40 state as required by Section 20A-8-401 .
41 (2) When a vacancy occurs for any reason in the office of representative in the
42 Legislature, the governor shall fill the vacancy by immediately appointing the person whose
43 name was submitted by the party liaison of the same political party as the prior representative.
44 (3) (a) [When] Except as provided by Subsection (5), when a vacancy occurs for any
45 reason in the office of senator in the Legislature, it shall be filled for the unexpired term at the
46 next regular general election.
47 (b) The governor shall fill the vacancy until the next regular general election by
48 immediately appointing the person whose name was submitted by the party liaison of the same
49 political party as the prior senator.
50 (4) (a) If a vacancy described in Subsection (3)(a) occurs after the filing deadline but
51 before September 1 of an even-numbered year in which the term of office does not expire, the
52 lieutenant governor shall:
53 (i) establish a date, that is before the date for a candidate to be certified for the ballot
54 under Section 20A-9-701 and no later than 21 days after the day on which the vacancy
55 occurred, by which a person intending to obtain a position on the ballot for the vacant office
56 shall file:
57 (A) a declaration of candidacy; or

58 (B) a certificate of nomination; and
59 (ii) give notice of the vacancy and the date described in Subsection(4)(a)(i):
60 (A) on the lieutenant governor's website; and
61 (B) to each registered political party.
62 (b) A person intending to obtain a position on the ballot for the vacant office shall:
63 (i) by the date specified in Subsection (4)(a)(i), file a declaration of candidacy or
64 certificate of nomination according to the procedures and requirements of Chapter 9,
65 Candidate Qualifications and Nominating Procedures; and
66 (ii) run in the regular general election if:
67 (A) nominated as a party candidate; or
68 (B) qualified as an unaffiliated candidate as provided by Chapter 9, Candidate
69 Qualifications and Nominating Procedures.
70 (c) If a vacancy described in Subsection (3)(a) occurs on or after May 1 and before
71 September 1 of an even-numbered year in which the term of office does not expire, a party
72 liaison from each registered political party may submit a name of a person described in
73 Subsection (4)(b) to the lieutenant governor by August 31 for placement on the regular general
74 election ballot.
75 (5) If a vacancy described in Subsection (3)(a) occurs on or after September 1 of an
76 even-numbered year in which a term does not expire, the governor shall fill the vacancy for the
77 unexpired term by immediately appointing the person whose name was submitted by the party
78 liaison of the same political party as the prior senator.