S.B. 204

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 terms;
13 . provides procedures for obtaining a position on the ballot for an office of senator, if
14 a vacancy in the office occurs after the filing deadline but before September 1 of an
15 even-numbered year in which the term of office does not expire;
16 . requires the lieutenant governor to:
17 . provide notice of a vacancy; and
18 . establish a filing deadline; and
19 . provides that a vacancy in the office of senator be filled for the unexpired term if the
20 vacancy occurs on or after September 1 of an even-numbered year in which the term
21 of office does not expire.
22 Monies Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 None
26 Utah Code Sections Affected:
27 AMENDS:

28 20A-1-503, as last amended by Laws of Utah 2004, Chapter 38
29
30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 20A-1-503 is amended to read:
32 20A-1-503. Midterm vacancies in the Legislature.
33 (1) As used in this section[, "party]:
34 (a) "Filing deadline" means the final date for filing:
35 (i) a declaration of candidacy as provided in Section 20A-9-202 ; and
36 (ii) a certificate of nomination as provided in Section 20A-9-503 .
37 (b) "Party liaison" means the political party officer designated to serve as a liaison with
38 the lieutenant governor on all matters relating to the political party's relationship with the state
39 as required by Section 20A-8-401 .
40 (2) When a vacancy occurs for any reason in the office of representative in the
41 Legislature, the governor shall fill the vacancy by immediately appointing the person whose
42 name was submitted by the party liaison of the same political party as the prior representative.
43 (3) (a) [When] Except as provided by Subsection (5), when a vacancy occurs for any
44 reason in the office of senator in the Legislature, it shall be filled for the unexpired term at the
45 next regular general election.
46 (b) The governor shall fill the vacancy until the next regular general election by
47 immediately appointing the person whose name was submitted by the party liaison of the same
48 political party as the prior senator.
49 (4) (a) If a vacancy described in Subsection (3)(a) occurs after the filing deadline but
50 before September 1 of an even-numbered year in which the term of office does not expire, the
51 lieutenant governor shall:
52 (i) establish a date, no later than 21 days after the day on which the vacancy occurred,
53 by which a person intending to obtain a position on the ballot for the vacant office shall file:
54 (A) a declaration of candidacy; or
55 (B) a certificate of nomination; and
56 (ii) give notice of the vacancy and the date described in Subsection(4)(a)(i):
57 (A) on the lieutenant governor's website; and
58 (B) to each registered political party.

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




Legislative Review Note
as of 2-23-10 8:39 AM

Office of Legislative Research and General Counsel