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S.B. 3004 Enrolled

             1     

PRESIDENTIAL CANDIDATE AMENDMENTS

             2     
2011 THIRD SPECIAL SESSION

             3     
STATE OF UTAH

             4     
Chief Sponsor: Peter C. Knudson

             5     
House Sponsor: Kraig Powell

             6     
             7      LONG TITLE
             8      General Description:
             9          This bill amends provisions relating to elections.
             10      Highlighted Provisions:
             11          This bill:
             12          .    authorizes and establishes requirements for a political party to participate in a
             13      regular primary election for office of the President of the United States if there is no
             14      Western States Presidential Primary;
             15          .    directs the lieutenant governor to certify the results of the primary canvass to a
             16      political party by August 1;
             17          .    makes certain exceptions for presidential candidates in the primary election process;
             18          .    requires a political party to certify presidential electors by August 31; and
             19          .    makes technical changes.
             20      Money Appropriated in this Bill:
             21          None
             22      Other Special Clauses:
             23          This bill provides an immediate effective date.
             24      Utah Code Sections Affected:
             25      AMENDS:
             26          20A-4-306, as last amended by Laws of Utah 2009, Chapter 202
             27          20A-9-201, as last amended by Laws of Utah 2011, Chapters 58 and 208
             28          20A-9-202.5, as enacted by Laws of Utah 1999, Chapter 22
             29          20A-9-403 (Superseded 01/01/12), as last amended by Laws of Utah 2011, Chapters


             30      292, 297, and 335
             31          20A-9-403 (Effective 01/01/12), as last amended by Laws of Utah 2011, Chapters 292,
             32      297, 327, and 335
             33          20A-9-802, as last amended by Laws of Utah 2008, Chapter 225
             34          20A-13-301, as last amended by Laws of Utah 2001, Chapter 78
             35     
             36      Be it enacted by the Legislature of the state of Utah:
             37          Section 1. Section 20A-4-306 is amended to read:
             38           20A-4-306. Statewide canvass.
             39          (1) (a) The state board of canvassers shall convene:
             40          (i) on the fourth Monday of November, at noon; or
             41          (ii) at noon on the day following the receipt by the lieutenant governor of the last of the
             42      returns of a statewide special election.
             43          (b) The state auditor, the state treasurer, and the attorney general are the state board of
             44      canvassers.
             45          (c) Attendance of all members of the state board of canvassers shall be required to
             46      constitute a quorum for conducting the canvass.
             47          (2) (a) The state board of canvassers shall:
             48          (i) meet in the lieutenant governor's office; and
             49          (ii) compute and determine the vote for officers and for and against any ballot
             50      propositions voted upon by the voters of the entire state or of two or more counties.
             51          (b) The lieutenant governor, as secretary of the board shall file a report in his office
             52      that details:
             53          (i) for each statewide officer and ballot proposition:
             54          (A) the name of the statewide office or ballot proposition that appeared on the ballot;
             55          (B) the candidates for each statewide office whose names appeared on the ballot, plus
             56      any recorded write-in candidates;
             57          (C) the number of votes from each county cast for each candidate and for and against


             58      each ballot proposition;
             59          (D) the total number of votes cast statewide for each candidate and for and against each
             60      ballot proposition; and
             61          (E) the total number of votes cast statewide; and
             62          (ii) for each officer or ballot proposition voted on in two or more counties:
             63          (A) the name of each of those offices and ballot propositions that appeared on the
             64      ballot;
             65          (B) the candidates for those offices, plus any recorded write-in candidates;
             66          (C) the number of votes from each county cast for each candidate and for and against
             67      each ballot proposition; and
             68          (D) the total number of votes cast for each candidate and for and against each ballot
             69      proposition.
             70          (c) The lieutenant governor shall:
             71          (i) prepare certificates of election for:
             72          (A) each successful candidate; and
             73          (B) each of the presidential electors of the candidate for president who received a
             74      majority of the votes;
             75          (ii) authenticate each certificate with his seal; and
             76          (iii) deliver a certificate of election to:
             77          (A) each candidate who had the highest number of votes for each office; and
             78          (B) each of the presidential electors of the candidate for president who received a
             79      majority of the votes.
             80          (3) If the lieutenant governor has not received election returns from all counties on the
             81      fifth day before the day designated for the meeting of the state board of canvassers, the
             82      lieutenant governor shall:
             83          (a) send a messenger to the clerk of the board of county canvassers of the delinquent
             84      county;
             85          (b) instruct the messenger to demand a certified copy of the board of canvasser's report


             86      required by Section 20A-4-304 from the clerk; and
             87          (c) pay the messenger the per diem provided by law as compensation.
             88          (4) The state board of canvassers may not withhold the declaration of the result or any
             89      certificate of election because of any defect or informality in the returns of any election if the
             90      board can determine from the returns, with reasonable certainty, what office is intended and
             91      who is elected to it.
             92          (5) (a) At noon on the fourth Monday after the regular primary election, the lieutenant
             93      governor shall:
             94          (i) canvass the returns for all multicounty candidates required to file with the office of
             95      the lieutenant governor; and
             96          (ii) publish and file the results of the canvass in the lieutenant governor's office.
             97          (b) [The] Not later than the August 1 after the primary election, the lieutenant governor
             98      shall certify the results of:
             99          (i) the primary canvass, except for the office of President of the United States, to the
             100      county clerks [not later than the August 1 after the primary election.]; and
             101          (ii) the primary canvass for the office of President of the United States to each
             102      registered political party that participated in the primary.
             103          (6) (a) At noon on the day that falls seven days after the last day on which a county
             104      canvass may occur under Section 20A-4-301 for the Western States Presidential Primary
             105      election, the lieutenant governor shall:
             106          (i) canvass the returns; and
             107          (ii) publish and file the results of the canvass in the lieutenant governor's office.
             108          (b) The lieutenant governor shall certify the results of the Western States Presidential
             109      Primary canvass to each registered political party that participated in the primary not later than
             110      the April 15 after the primary election.
             111          Section 2. Section 20A-9-201 is amended to read:
             112           20A-9-201. Declarations of candidacy -- Candidacy for more than one office or of
             113      more than one political party prohibited with exceptions -- General filing and form


             114      requirements -- Affidavit of impecuniosity.
             115          (1) Before filing a declaration of candidacy for election to any office, a person shall:
             116          (a) be a United States citizen; and
             117          (b) meet the legal requirements of that office.
             118          (2) (a) Except as provided in Subsection (2)(b), a person may not:
             119          (i) file a declaration of candidacy for, or be a candidate for, more than one office in
             120      Utah during any election year; or
             121          (ii) appear on the ballot as the candidate of more than one political party.
             122          (b) (i) A person may file a declaration of candidacy for, or be a candidate for, President
             123      or Vice President of the United States and another office, if the person resigns the person's
             124      candidacy for the other office after the person is officially nominated for President or Vice
             125      President of the United States.
             126          (ii) A person may file a declaration of candidacy for, or be a candidate for, more than
             127      one justice court judge office.
             128          (3) (a) (i) Except for presidential candidates, before the filing officer may accept any
             129      declaration of candidacy, the filing officer shall:
             130          (A) read to the prospective candidate the constitutional and statutory qualification
             131      requirements for the office that the candidate is seeking; and
             132          (B) require the candidate to state whether or not the candidate meets those
             133      requirements.
             134          (ii) Before accepting a declaration of candidacy for the office of county attorney, the
             135      county clerk shall ensure that the person filing that declaration of candidacy is:
             136          (A) a United States citizen;
             137          (B) an attorney licensed to practice law in Utah who is an active member in good
             138      standing of the Utah State Bar;
             139          (C) a registered voter in the county in which the person is seeking office; and
             140          (D) a current resident of the county in which the person is seeking office and either has
             141      been a resident of that county for at least one year or was appointed and is currently serving as


             142      county attorney and became a resident of the county within 30 days after appointment to the
             143      office.
             144          (iii) Before accepting a declaration of candidacy for the office of district attorney, the
             145      county clerk shall ensure that, as of the date of the election, the person filing that declaration of
             146      candidacy is:
             147          (A) a United States citizen;
             148          (B) an attorney licensed to practice law in Utah who is an active member in good
             149      standing of the Utah State Bar;
             150          (C) a registered voter in the prosecution district in which the person is seeking office;
             151      and
             152          (D) a current resident of the prosecution district in which the person is seeking office
             153      and either will have been a resident of that prosecution district for at least one year as of the
             154      date of the election or was appointed and is currently serving as district attorney and became a
             155      resident of the prosecution district within 30 days after receiving appointment to the office.
             156          (iv) Before accepting a declaration of candidacy for the office of county sheriff, the
             157      county clerk shall ensure that the person filing the declaration of candidacy:
             158          (A) as of the date of filing:
             159          (I) is a United States citizen;
             160          (II) is a registered voter in the county in which the person seeks office;
             161          (III) (Aa) has successfully met the standards and training requirements established for
             162      law enforcement officers under Title 53, Chapter 6, Part 2, Peace Officer Training and
             163      Certification Act; or
             164          (Bb) has met the waiver requirements in Section 53-6-206 ; and
             165          (IV) is qualified to be certified as a law enforcement officer, as defined in Section
             166      53-13-103 ; and
             167          (B) as of the date of the election, shall have been a resident of the county in which the
             168      person seeks office for at least one year.
             169          (v) Before accepting a declaration of candidacy for the office of governor, lieutenant


             170      governor, state auditor, state treasurer, attorney general, state legislator, or State Board of
             171      Education member, the filing officer shall ensure:
             172          (A) that the person filing the declaration of candidacy also files the financial disclosure
             173      required by Section 20A-11-1603 ; and
             174          (B) if the filing officer is not the lieutenant governor, that the financial disclosure is
             175      provided to the lieutenant governor according to the procedures and requirements of Section
             176      20A-11-1603 .
             177          (b) If the prospective candidate states that the qualification requirements for the office
             178      are not met, the filing officer may not accept the prospective candidate's declaration of
             179      candidacy.
             180          (c) If the candidate meets the requirements of Subsection (3)(a) and states that the
             181      requirements of candidacy are met, the filing officer shall:
             182          (i) inform the candidate that:
             183          (A) the candidate's name will appear on the ballot as it is written on the declaration of
             184      candidacy;
             185          (B) the candidate may be required to comply with state or local campaign finance
             186      disclosure laws; and
             187          (C) the candidate is required to file a financial statement before the candidate's political
             188      convention under:
             189          (I) Section 20A-11-204 for a candidate for constitutional office;
             190          (II) Section 20A-11-303 for a candidate for the Legislature; or
             191          (III) local campaign finance disclosure laws, if applicable;
             192          (ii) except for a presidential candidate, provide the candidate with a copy of the current
             193      campaign financial disclosure laws for the office the candidate is seeking and inform the
             194      candidate that failure to comply will result in disqualification as a candidate and removal of the
             195      candidate's name from the ballot;
             196          (iii) provide the candidate with a copy of Section 20A-7-801 regarding the Statewide
             197      Electronic Voter Information Website Program and inform the candidate of the submission


             198      deadline under Subsection 20A-7-801 (4)(a);
             199          (iv) provide the candidate with a copy of the pledge of fair campaign practices
             200      described under Section 20A-9-206 and inform the candidate that:
             201          (A) signing the pledge is voluntary; and
             202          (B) signed pledges shall be filed with the filing officer;
             203          (v) accept the candidate's declaration of candidacy; and
             204          (vi) if the candidate has filed for a partisan office, provide a certified copy of the
             205      declaration of candidacy to the chair of the county or state political party of which the
             206      candidate is a member.
             207          (d) If the candidate elects to sign the pledge of fair campaign practices, the filing
             208      officer shall:
             209          (i) accept the candidate's pledge; and
             210          (ii) if the candidate has filed for a partisan office, provide a certified copy of the
             211      candidate's pledge to the chair of the county or state political party of which the candidate is a
             212      member.
             213          (4) Except for presidential candidates, the form of the declaration of candidacy shall be
             214      substantially as follows:
             215          "State of Utah, County of ____
             216              I, ______________, declare my intention of becoming a candidate for the office
             217      of ____ as a candidate for the ____ party. I do solemnly swear that: I will meet the
             218      qualifications to hold the office, both legally and constitutionally, if selected; I reside at
             219      _____________ in the City or Town of ____, Utah, Zip Code ____ Phone No. ____; I
             220      will not knowingly violate any law governing campaigns and elections; I will file all
             221      campaign financial disclosure reports as required by law; and I understand that failure
             222      to do so will result in my disqualification as a candidate for this office and removal of
             223      my name from the ballot. The mailing address that I designate for receiving official
             224      election notices is ___________________________.
             225      ____________________________________________________________________


             226          Subscribed and sworn before me this __________(month\day\year).
             227     
Notary Public (or other officer qualified to administer oath.)"

             228          (5) (a) Except for presidential candidates, the fee for filing a declaration of candidacy
             229      is:
             230          (i) $25 for candidates for the local school district board; and
             231          (ii) 1/8 of 1% of the total salary for the full term of office legally paid to the person
             232      holding the office, but not less than $5, for all other federal, state, and county offices.
             233          (b) Except for presidential candidates, the filing officer shall refund the filing fee to
             234      any candidate:
             235          (i) who is disqualified; or
             236          (ii) who the filing officer determines has filed improperly.
             237          (c) (i) The county clerk shall immediately pay to the county treasurer all fees received
             238      from candidates.
             239          (ii) The lieutenant governor shall:
             240          (A) apportion to and pay to the county treasurers of the various counties all fees
             241      received for filing of nomination certificates or acceptances; and
             242          (B) ensure that each county receives that proportion of the total amount paid to the
             243      lieutenant governor from the congressional district that the total vote of that county for all
             244      candidates for representative in Congress bears to the total vote of all counties within the
             245      congressional district for all candidates for representative in Congress.
             246          (d) (i) A person who is unable to pay the filing fee may file a declaration of candidacy
             247      without payment of the filing fee upon a prima facie showing of impecuniosity as evidenced by
             248      an affidavit of impecuniosity filed with the filing officer and, if requested by the filing officer,
             249      a financial statement filed at the time the affidavit is submitted.
             250          (ii) A person who is able to pay the filing fee may not claim impecuniosity.
             251          (iii) (A) False statements made on an affidavit of impecuniosity or a financial
             252      statement filed under this section shall be subject to the criminal penalties provided under
             253      Sections 76-8-503 and 76-8-504 and any other applicable criminal provision.


             254          (B) Conviction of a criminal offense under Subsection (5)(d)(iii)(A) shall be
             255      considered an offense under this title for the purposes of assessing the penalties provided in
             256      Subsection 20A-1-609 (2).
             257          (iv) The filing officer shall ensure that the affidavit of impecuniosity is printed in
             258      substantially the following form:
             259          "Affidavit of Impecuniosity
             260      Individual Name
             261      ____________________________Address_____________________________
             262      Phone Number _________________
             263      I,__________________________(name), do solemnly [swear] [affirm], under penalty of law
             264      for false statements, that, owing to my poverty, I am unable to pay the filing fee required by
             265      law.
             266      Date ______________ Signature________________________________________________
             267      Affiant
             268      Subscribed and sworn to before me on ___________ (month\day\year)
             269     
______________________

             270     
(signature)

             271          Name and Title of Officer Authorized to Administer Oath
______________________"

             272          (v) The filing officer shall provide to a person who requests an affidavit of
             273      impecuniosity a statement printed in substantially the following form, which may be included
             274      on the affidavit of impecuniosity:
             275          "Filing a false statement is a criminal offense. In accordance with Section 20A-1-609 , a
             276      candidate who is found guilty of filing a false statement, in addition to being subject to criminal
             277      penalties, will be removed from the ballot."
             278          (vi) The filing officer may request that a person who makes a claim of impecuniosity
             279      under this Subsection (5)(d) file a financial statement on a form prepared by the election
             280      official.
             281          (6) If there is no legislative appropriation for the Western States Presidential Primary


             282      election, as provided in Part 8, Western States Presidential Primary, a candidate for President
             283      of the United States who is affiliated with a registered political party and chooses to participate
             284      in the regular primary election shall:
             285          (a) file a declaration of candidacy, in person or via a designated agent, with the
             286      lieutenant governor:
             287          (i) on a form developed and provided by the lieutenant governor; and
             288          (ii) on or after the second Friday in March and before 5 p.m. on the third Thursday in
             289      March before the next regular primary election;
             290          (b) identify the registered political party whose nomination the candidate is seeking;
             291          (c) provide a letter from the registered political party certifying that the candidate may
             292      participate as a candidate for that party in that party's presidential primary election; and
             293          (d) pay the filing fee of $500.
             294          [(6)] (7) Any person who fails to file a declaration of candidacy or certificate of
             295      nomination within the time provided in this chapter is ineligible for nomination to office.
             296          [(7)] (8) A declaration of candidacy filed under this section may not be amended or
             297      modified after the final date established for filing a declaration of candidacy.
             298          Section 3. Section 20A-9-202.5 is amended to read:
             299           20A-9-202.5. Declaration of candidacy -- Western States Presidential Primary.
             300          (1) As used in this section:
             301          (a) "Presidential candidate" means a person seeking nomination for President of the
             302      United States from a Utah registered political party.
             303          (b) "Utah registered political party" means a political party that has complied with the
             304      requirements of Title 20A, Chapter 8, Political Party Formation and Procedures, to become a
             305      political party officially recognized by the state.
             306          (2) Each presidential candidate, or the candidate's designated agent, shall file a
             307      declaration of candidacy with the lieutenant governor as provided in:
             308          (a) Section 20A-9-803 [.], for participation in the Western States Presidential Primary
             309      election; or


             310          (b) Section 20A-9-201 , for participation in the regular primary election.
             311          Section 4. Section 20A-9-403 (Superseded 01/01/12) is amended to read:
             312           20A-9-403 (Superseded 01/01/12). Regular primary elections.
             313          (1) (a) The fourth Tuesday of June of each even-numbered year is designated as regular
             314      primary election day.
             315          (b) Each registered political party that chooses to use the primary election process to
             316      nominate some or all of its candidates shall comply with the requirements of this section.
             317          (2) (a) As a condition for using the state's election system, each registered political
             318      party that wishes to participate in the primary election shall:
             319          (i) declare their intent to participate in the primary election;
             320          (ii) identify one or more registered political parties whose members may vote for the
             321      registered political party's candidates and whether or not persons identified as unaffiliated with
             322      a political party may vote for the registered political party's candidates; and
             323          (iii) certify that information to the lieutenant governor no later than 5 p.m. on March 1
             324      of each even-numbered year.
             325          (b) As a condition for using the state's election system, each registered political party
             326      that wishes to participate in the primary election shall:
             327          (i) certify the name and office of all of the registered political party's candidates to the
             328      lieutenant governor no later than 5 p.m. on May 13 of each even-numbered year; and
             329          (ii) certify the name and office of each of its county candidates to the county clerks by
             330      5 p.m. on May 13 of each even-numbered year.
             331          (c) By 5 p.m. on May 16 of each even-numbered year, the lieutenant governor shall
             332      send the county clerks a certified list of the names of all statewide candidates, multicounty
             333      candidates, or single county candidates that shall be printed on the primary ballot and the order
             334      the candidates are to appear on the ballot in accordance with Section 20A-6-305 .
             335          (d) [(i) Except as provided in Subsection (2)(d)(ii),] Except for presidential candidates,
             336      if a registered political party does not wish to participate in the primary election, it shall submit
             337      the names of its county candidates to the county clerks and the names of all of its candidates to


             338      the lieutenant governor by 5 p.m. on May 30 of each even-numbered year.
             339          [(ii) A registered political party's candidates for president and vice president of the
             340      United States shall be certified to the lieutenant governor as provided in Subsection
             341      20A-9-202 (4).]
             342          [(e) Each political party shall certify the names of its presidential and vice-presidential
             343      candidates and presidential electors to the lieutenant governor's office no later than September
             344      8 of each presidential election year.]
             345          (3) The county clerk shall:
             346          (a) review the declarations of candidacy filed by candidates for local boards of
             347      education to determine if more than two candidates have filed for the same seat;
             348          (b) place the names of all candidates who have filed a declaration of candidacy for a
             349      local board of education seat on the nonpartisan section of the ballot if more than two
             350      candidates have filed for the same seat; and
             351          (c) determine the order of the candidates' names on the ballot in accordance with
             352      Section 20A-6-305 .
             353          (4) After the county clerk receives the certified list from a registered political party, the
             354      county clerk shall post or publish a primary election notice in substantially the following form:
             355          "Notice is given that a primary election will be held Tuesday, June ____,
             356      ________(year), to nominate party candidates for the parties and nonpartisan offices listed on
             357      the primary ballot. The polling place for voting precinct ____ is ____. The polls will open at 7
             358      a.m. and continue open until 8 p.m. of the same day. Attest: county clerk".
             359          (5) (a) Candidates, other than presidential candidates, receiving the highest number of
             360      votes cast for each office at the regular primary election are nominated by their party or
             361      nonpartisan group for that office.
             362          (b) If two or more candidates, other than presidential candidates, are to be elected to
             363      the office at the regular general election, those party candidates equal in number to positions to
             364      be filled who receive the highest number of votes at the regular primary election are the
             365      nominees of their party for those positions.


             366          (6) (a) When a tie vote occurs in any primary election for any national, state, or other
             367      office that represents more than one county, the governor, lieutenant governor, and attorney
             368      general shall, at a public meeting called by the governor and in the presence of the candidates
             369      involved, select the nominee by lot cast in whatever manner the governor determines.
             370          (b) When a tie vote occurs in any primary election for any county office, the district
             371      court judges of the district in which the county is located shall, at a public meeting called by
             372      the judges and in the presence of the candidates involved, select the nominee by lot cast in
             373      whatever manner the judges determine.
             374          (7) The expense of providing all ballots, blanks, or other supplies to be used at any
             375      primary election provided for by this section, and all expenses necessarily incurred in the
             376      preparation for or the conduct of that primary election shall be paid out of the treasury of the
             377      county or state, in the same manner as for the regular general elections.
             378          Section 5. Section 20A-9-403 (Effective 01/01/12) is amended to read:
             379           20A-9-403 (Effective 01/01/12). Regular primary elections.
             380          (1) (a) The fourth Tuesday of June of each even-numbered year is designated as regular
             381      primary election day.
             382          (b) Each registered political party that chooses to use the primary election process to
             383      nominate some or all of its candidates shall comply with the requirements of this section.
             384          (2) (a) As a condition for using the state's election system, each registered political
             385      party that wishes to participate in the primary election shall:
             386          (i) declare their intent to participate in the primary election;
             387          (ii) identify one or more registered political parties whose members may vote for the
             388      registered political party's candidates and whether or not persons identified as unaffiliated with
             389      a political party may vote for the registered political party's candidates; and
             390          (iii) certify that information to the lieutenant governor no later than 5 p.m. on March 1
             391      of each even-numbered year.
             392          (b) As a condition for using the state's election system, each registered political party
             393      that wishes to participate in the primary election shall:


             394          (i) certify the name and office of all of the registered political party's candidates to the
             395      lieutenant governor no later than 5 p.m. on the first Monday after the third Saturday in April of
             396      each even-numbered year; and
             397          (ii) certify the name and office of each of its county candidates to the county clerks by
             398      5 p.m. on the first Monday after the third Saturday in April of each even-numbered year.
             399          (c) By 5 p.m. on the first Wednesday after the third Saturday in April of each
             400      even-numbered year, the lieutenant governor shall send the county clerks a certified list of the
             401      names of all statewide candidates, multicounty candidates, or single county candidates that
             402      shall be printed on the primary ballot and the order the candidates are to appear on the ballot in
             403      accordance with Section 20A-6-305 .
             404          (d) [(i) Except as provided in Subsection (2)(d)(ii)] Except for presidential candidates,
             405      if a registered political party does not wish to participate in the primary election, it shall submit
             406      the names of its county candidates to the county clerks and the names of all of its candidates to
             407      the lieutenant governor by 5 p.m. on May 30 of each even-numbered year.
             408          [(ii) A registered political party's candidates for President and Vice-President of the
             409      United States shall be certified to the lieutenant governor as provided in Subsection
             410      20A-9-202 (4).]
             411          [(e) Each political party shall certify the names of its presidential and vice-presidential
             412      candidates and presidential electors to the lieutenant governor's office no later than August 31
             413      of each presidential election year.]
             414          (3) The county clerk shall:
             415          (a) review the declarations of candidacy filed by candidates for local boards of
             416      education to determine if more than two candidates have filed for the same seat;
             417          (b) place the names of all candidates who have filed a declaration of candidacy for a
             418      local board of education seat on the nonpartisan section of the ballot if more than two
             419      candidates have filed for the same seat; and
             420          (c) determine the order of the candidates' names on the ballot in accordance with
             421      Section 20A-6-305 .


             422          (4) After the county clerk receives the certified list from a registered political party, the
             423      county clerk shall post or publish a primary election notice in substantially the following form:
             424          "Notice is given that a primary election will be held Tuesday, June ____,
             425      ________(year), to nominate party candidates for the parties and nonpartisan offices listed on
             426      the primary ballot. The polling place for voting precinct ____ is ____. The polls will open at 7
             427      a.m. and continue open until 8 p.m. of the same day. Attest: county clerk."
             428          (5) (a) Candidates, other than presidential candidates, receiving the highest number of
             429      votes cast for each office at the regular primary election are nominated by their party or
             430      nonpartisan group for that office.
             431          (b) If two or more candidates, other than presidential candidates, are to be elected to
             432      the office at the regular general election, those party candidates equal in number to positions to
             433      be filled who receive the highest number of votes at the regular primary election are the
             434      nominees of their party for those positions.
             435          (6) (a) When a tie vote occurs in any primary election for any national, state, or other
             436      office that represents more than one county, the governor, lieutenant governor, and attorney
             437      general shall, at a public meeting called by the governor and in the presence of the candidates
             438      involved, select the nominee by lot cast in whatever manner the governor determines.
             439          (b) When a tie vote occurs in any primary election for any county office, the district
             440      court judges of the district in which the county is located shall, at a public meeting called by
             441      the judges and in the presence of the candidates involved, select the nominee by lot cast in
             442      whatever manner the judges determine.
             443          (7) The expense of providing all ballots, blanks, or other supplies to be used at any
             444      primary election provided for by this section, and all expenses necessarily incurred in the
             445      preparation for or the conduct of that primary election shall be paid out of the treasury of the
             446      county or state, in the same manner as for the regular general elections.
             447          Section 6. Section 20A-9-802 is amended to read:
             448           20A-9-802. Western States Presidential Primary established -- Other ballot items
             449      prohibited.


             450          (1) (a) (i) Contingent upon legislative appropriation, there is established a Western
             451      States Presidential Primary election to be held on the first Tuesday in February in the year in
             452      which a presidential election will be held.
             453          (ii) A political party may participate in a regular primary election for the office of
             454      President of the United States only if there is no Western States Presidential Primary election in
             455      that year.
             456          (b) Except as otherwise specifically provided in this chapter, county clerks shall
             457      administer the Western States Presidential Primary according to the provisions of Title 20A,
             458      Election Code, including:
             459          (i) Title 20A, Chapter 1, General Provisions;
             460          (ii) Title 20A, Chapter 2, Voter Registration;
             461          (iii) Title 20A, Chapter 3, Voting;
             462          (iv) Title 20A, Chapter 4, Election Returns and Election Contests;
             463          (v) Title 20A, Chapter 5, Election Administration; and
             464          (vi) Title 20A, Chapter 6, Ballot Form.
             465          (c) (i) The county clerks shall ensure that the ballot voted by the voters at the Western
             466      States Presidential Primary contains only the names of candidates for President of the United
             467      States who have qualified as provided in this part.
             468          (ii) The county clerks may not present any other items to the voters to be voted upon at
             469      this election.
             470          (2) Registered political parties, and candidates for President of the United States who
             471      are affiliated with a registered political party, may participate in the Western States Presidential
             472      Primary established by this part.
             473          (3) As a condition for using the state's election system, each registered political party
             474      wishing to participate in Utah's Western States Presidential Primary shall:
             475          (a) declare their intent to participate in the Western States Presidential Primary;
             476          (b) identify one or more registered political parties whose members may vote for the
             477      registered political party's candidates and whether or not persons identified as unaffiliated with


             478      a political party may vote for the registered political party's candidates; and
             479          (c) certify that information to the lieutenant governor no later than 5 p.m. on the June
             480      30 of the year before the year in which the presidential primary will be held.
             481          Section 7. Section 20A-13-301 is amended to read:
             482           20A-13-301. Presidential elections -- Effect of vote.
             483          (1) (a) Each registered political party shall choose persons to act as presidential electors
             484      and to fill vacancies in the office of presidential electors for their party's candidates for
             485      President and Vice President according to the procedures established in their bylaws.
             486          (b) [The person designated as liaison with the lieutenant governor's office shall
             487      transmit] Each registered political party shall certify to the lieutenant governor the names and
             488      addresses of the persons selected by the political party as the party's presidential electors by
             489      August 31.
             490          (2) The highest number of votes cast for a political party's president and vice president
             491      candidates elects the presidential electors selected by that political party.
             492          Section 8. Effective date.
             493          If approved by two-thirds of all the members elected to each house, this bill takes effect
             494      upon approval by the governor, or the day following the constitutional time limit of Utah
             495      Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto,
             496      the date of veto override.


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