This document includes House Floor Amendments incorporated into the bill on Mon, Mar 9, 2015 at 8:21 PM by lerror.
Representative Marc K. Roberts proposes the following substitute bill:


1     
PRIMARY ELECTIONS MODIFICATIONS

2     
2015 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Marc K. Roberts

5     
Senate Sponsor: Alvin B. Jackson

6     

7     LONG TITLE
8     General Description:
9          This bill amends the Election Code to provide that, for certain primary races for offices
10     where more than two candidates are seeking the nomination of the same political party
11     for the same office, if one candidate does not receive more than Ĥ→ [
50%] 40% ←Ĥ of the
11a     votes cast in
12     the race, the party shall choose a nominee from among the two candidates who received
13     the highest number of votes.
14     Highlighted Provisions:
15          This bill:
16          ▸     defines terms;
17          ▸     provides that, for certain primary races for offices where more than two candidates
18     are seeking the nomination of the same political party for the same office, if one
19     candidate does not receive more than Ĥ→ [
50%] 40% ←Ĥ of the votes cast in the race, the party
20     shall, in accordance with the party's bylaws, choose a nominee from among the two
21     candidates who received the highest number of votes; and
22          ▸     makes technical and conforming changes.
23     Money Appropriated in this Bill:
24          None
25     Other Special Clauses:
26          None
27     Utah Code Sections Affected:
28     AMENDS:
29          20A-1-102, as last amended by Laws of Utah 2014, Chapters 17, 31, 231, 362, and 391
30          20A-1-303, as enacted by Laws of Utah 1993, Chapter 1
31          20A-1-304, as last amended by Laws of Utah 2001, Chapter 20
32          20A-4-304, as last amended by Laws of Utah 2012, Chapter 309
33          20A-9-101, as last amended by Laws of Utah 2014, Chapter 17
34          20A-9-403, as last amended by Laws of Utah 2014, Chapter 17
35          20A-9-406, as enacted by Laws of Utah 2014, Chapter 17
36          20A-9-407, as enacted by Laws of Utah 2014, Chapter 17
37          20A-9-408, as enacted by Laws of Utah 2014, Chapter 17
38          63I-1-220, as last amended by Laws of Utah 2014, Chapter 231
39     ENACTS:
40          20A-4-303.5, Utah Code Annotated 1953
41     

42     Be it enacted by the Legislature of the state of Utah:
43          Section 1. Section 20A-1-102 is amended to read:
44          20A-1-102. Definitions.
45          As used in this title:
46          (1) "Active voter" means a registered voter who has not been classified as an inactive
47     voter by the county clerk.
48          (2) "Automatic tabulating equipment" means apparatus that automatically examines
49     and counts votes recorded on paper ballots or ballot sheets and tabulates the results.
50          (3) (a) "Ballot" means the storage medium, whether paper, mechanical, or electronic,
51     upon which a voter records the voter's votes.
52          (b) "Ballot" includes ballot sheets, paper ballots, electronic ballots, and secrecy
53     envelopes.
54          (4) "Ballot label" means the cards, papers, booklet, pages, or other materials that:
55          (a) contain the names of offices and candidates and statements of ballot propositions to
56     be voted on; and

57          (b) are used in conjunction with ballot sheets that do not display that information.
58          (5) "Ballot proposition" means a question, issue, or proposal that is submitted to voters
59     on the ballot for their approval or rejection including:
60          (a) an opinion question specifically authorized by the Legislature;
61          (b) a constitutional amendment;
62          (c) an initiative;
63          (d) a referendum;
64          (e) a bond proposition;
65          (f) a judicial retention question;
66          (g) an incorporation of a city or town; or
67          (h) any other ballot question specifically authorized by the Legislature.
68          (6) "Ballot sheet":
69          (a) means a ballot that:
70          (i) consists of paper or a card where the voter's votes are marked or recorded; and
71          (ii) can be counted using automatic tabulating equipment; and
72          (b) includes punch card ballots and other ballots that are machine-countable.
73          (7) "Bind," "binding," or "bound" means securing more than one piece of paper
74     together with a staple or stitch in at least three places across the top of the paper in the blank
75     space reserved for securing the paper.
76          (8) "Board of canvassers" means the entities established by Sections 20A-4-301 and
77     20A-4-306 to canvass election returns.
78          (9) "Bond election" means an election held for the purpose of approving or rejecting
79     the proposed issuance of bonds by a government entity.
80          (10) "Book voter registration form" means voter registration forms contained in a
81     bound book that are used by election officers and registration agents to register persons to vote.
82          (11) "Business reply mail envelope" means an envelope that may be mailed free of
83     charge by the sender.
84          (12) "By-mail voter registration form" means a voter registration form designed to be
85     completed by the voter and mailed to the election officer.
86          (13) "Canvass" means the review of election returns and the official declaration of
87     election results by the board of canvassers.

88          (14) "Canvassing judge" means a poll worker designated to assist in counting ballots at
89     the canvass.
90          (15) "Contracting election officer" means an election officer who enters into a contract
91     or interlocal agreement with a provider election officer.
92          (16) "Convention" means the political party convention at which party officers and
93     delegates are selected.
94          (17) "Counting center" means one or more locations selected by the election officer in
95     charge of the election for the automatic counting of ballots.
96          (18) "Counting judge" means a poll worker designated to count the ballots during
97     election day.
98          (19) "Counting poll watcher" means a person selected as provided in Section
99     20A-3-201 to witness the counting of ballots.
100          (20) "Counting room" means a suitable and convenient private place or room,
101     immediately adjoining the place where the election is being held, for use by the poll workers
102     and counting judges to count ballots during election day.
103          (21) "County officers" means those county officers that are required by law to be
104     elected.
105          (22) "Date of the election" or "election day" or "day of the election":
106          (a) means the day that is specified in the calendar year as the day that the election
107     occurs; and
108          (b) does not include:
109          (i) deadlines established for absentee voting; or
110          (ii) any early voting or early voting period as provided under Chapter 3, Part 6, Early
111     Voting.
112          (23) "Elected official" means:
113          (a) a person elected to an office under Section 20A-1-303;
114          (b) a person who is considered to be elected to a municipal office in accordance with
115     Subsection 20A-1-206(1)(c)(ii); or
116          (c) a person who is considered to be elected to a local district office in accordance with
117     Subsection 20A-1-206(3)(c)(ii).
118          (24) "Election" means a regular general election, a municipal general election, a

119     statewide special election, a local special election, a regular primary election, a municipal
120     primary election, and a local district election.
121          (25) "Election Assistance Commission" means the commission established by Public
122     Law 107-252, the Help America Vote Act of 2002.
123          (26) "Election cycle" means the period beginning on the first day persons are eligible to
124     file declarations of candidacy and ending when the canvass is completed.
125          (27) "Election judge" means a poll worker that is assigned to:
126          (a) preside over other poll workers at a polling place;
127          (b) act as the presiding election judge; or
128          (c) serve as a canvassing judge, counting judge, or receiving judge.
129          (28) "Election officer" means:
130          (a) the lieutenant governor, for all statewide ballots and elections;
131          (b) the county clerk for:
132          (i) a county ballot and election; and
133          (ii) a ballot and election as a provider election officer as provided in Section
134     20A-5-400.1 or 20A-5-400.5;
135          (c) the municipal clerk for:
136          (i) a municipal ballot and election; and
137          (ii) a ballot and election as a provider election officer as provided in Section
138     20A-5-400.1 or 20A-5-400.5;
139          (d) the local district clerk or chief executive officer for:
140          (i) a local district ballot and election; and
141          (ii) a ballot and election as a provider election officer as provided in Section
142     20A-5-400.1 or 20A-5-400.5; or
143          (e) the business administrator or superintendent of a school district for:
144          (i) a school district ballot and election; and
145          (ii) a ballot and election as a provider election officer as provided in Section
146     20A-5-400.1 or 20A-5-400.5.
147          (29) "Election official" means any election officer, election judge, or poll worker.
148          (30) "Election results" means:
149          (a) for an election other than a bond election, the count of votes cast in the election and

150     the election returns requested by the board of canvassers; or
151          (b) for bond elections, the count of those votes cast for and against the bond
152     proposition plus any or all of the election returns that the board of canvassers may request.
153          (31) "Election returns" includes the pollbook, the military and overseas absentee voter
154     registration and voting certificates, one of the tally sheets, any unprocessed absentee ballots, all
155     counted ballots, all excess ballots, all unused ballots, all spoiled ballots, the ballot disposition
156     form, and the total votes cast form.
157          (32) "Electronic ballot" means a ballot that is recorded using a direct electronic voting
158     device or other voting device that records and stores ballot information by electronic means.
159          (33) "Electronic signature" means an electronic sound, symbol, or process attached to
160     or logically associated with a record and executed or adopted by a person with the intent to sign
161     the record.
162          (34) (a) "Electronic voting device" means a voting device that uses electronic ballots.
163          (b) "Electronic voting device" includes a direct recording electronic voting device.
164          (35) "Inactive voter" means a registered voter who has:
165          (a) been sent the notice required by Section 20A-2-306; and
166          (b) failed to respond to that notice.
167          (36) "Inspecting poll watcher" means a person selected as provided in this title to
168     witness the receipt and safe deposit of voted and counted ballots.
169          (37) "Judicial office" means the office filled by any judicial officer.
170          (38) "Judicial officer" means any justice or judge of a court of record or any county
171     court judge.
172          (39) "Local district" means a local government entity under Title 17B, Limited Purpose
173     Local Government Entities - Local Districts, and includes a special service district under Title
174     17D, Chapter 1, Special Service District Act.
175          (40) "Local district officers" means those local district board members that are required
176     by law to be elected.
177          (41) "Local election" means a regular county election, a regular municipal election, a
178     municipal primary election, a local special election, a local district election, and a bond
179     election.
180          (42) "Local political subdivision" means a county, a municipality, a local district, or a

181     local school district.
182          (43) "Local special election" means a special election called by the governing body of a
183     local political subdivision in which all registered voters of the local political subdivision may
184     vote.
185          (44) "Multi-candidate primary race" means a primary race:
186          (a) where one individual is to be nominated;
187          (b) in which more than two candidates qualify for placement on the primary election
188     ballot for the same political party and for the same office; and
189          (c) where the race is for one of the following offices:
190          (i) a United States congressional office;
191          (ii) a state legislative office;
192          (iii) governor;
193          (iv) attorney general;
194          (v) state treasurer;
195          (vi) state auditor; or
196          (vii) a partisan, elected county office.
197          [(44)] (45) "Municipal executive" means:
198          (a) the mayor in the council-mayor form of government defined in Section 10-3b-102;
199     or
200          (b) the mayor in the council-manager form of government defined in Subsection
201     10-3b-103(6).
202          [(45)] (46) "Municipal general election" means the election held in municipalities and,
203     as applicable, local districts on the first Tuesday after the first Monday in November of each
204     odd-numbered year for the purposes established in Section 20A-1-202.
205          [(46)] (47) "Municipal legislative body" means the council of the city or town in any
206     form of municipal government.
207          [(47)] (48) "Municipal office" means an elective office in a municipality.
208          [(48)] (49) "Municipal officers" means those municipal officers that are required by
209     law to be elected.
210          [(49)] (50) "Municipal primary election" means an election held to nominate
211     candidates for municipal office.

212          [(50)] (51) "Official ballot" means the ballots distributed by the election officer to the
213     poll workers to be given to voters to record their votes.
214          [(51)] (52) "Official endorsement" means:
215          (a) the information on the ballot that identifies:
216          (i) the ballot as an official ballot;
217          (ii) the date of the election; and
218          (iii) the facsimile signature of the election officer; and
219          (b) the information on the ballot stub that identifies:
220          (i) the poll worker's initials; and
221          (ii) the ballot number.
222          [(52)] (53) "Official register" means the official record furnished to election officials
223     by the election officer that contains the information required by Section 20A-5-401.
224          [(53)] (54) "Paper ballot" means a paper that contains:
225          (a) the names of offices and candidates and statements of ballot propositions to be
226     voted on; and
227          (b) spaces for the voter to record the voter's vote for each office and for or against each
228     ballot proposition.
229          [(54)] (55) "Pilot project" means the election day voter registration pilot project created
230     in Section 20A-4-108.
231          [(55)] (56) "Political party" means an organization of registered voters that has
232     qualified to participate in an election by meeting the requirements of Chapter 8, Political Party
233     Formation and Procedures.
234          [(56)] (57) "Pollbook" means a record of the names of voters in the order that they
235     appear to cast votes.
236          [(57)] (58) "Polling place" means the building where voting is conducted.
237          [(58)] (59) (a) "Poll worker" means a person assigned by an election official to assist
238     with an election, voting, or counting votes.
239          (b) "Poll worker" includes election judges.
240          (c) "Poll worker" does not include a watcher.
241          [(59)] (60) "Position" means a square, circle, rectangle, or other geometric shape on a
242     ballot in which the voter marks the voter's choice.

243          [(60)] (61) "Primary convention" means the political party conventions held during the
244     year of the regular general election.
245          [(61)] (62) "Protective counter" means a separate counter, which cannot be reset, that:
246          (a) is built into a voting machine; and
247          (b) records the total number of movements of the operating lever.
248          [(62)] (63) "Provider election officer" means an election officer who enters into a
249     contract or interlocal agreement with a contracting election officer to conduct an election for
250     the contracting election officer's local political subdivision in accordance with Section
251     20A-5-400.1.
252          [(63)] (64) "Provisional ballot" means a ballot voted provisionally by a person:
253          (a) whose name is not listed on the official register at the polling place;
254          (b) whose legal right to vote is challenged as provided in this title; or
255          (c) whose identity was not sufficiently established by a poll worker.
256          [(64)] (65) "Provisional ballot envelope" means an envelope printed in the form
257     required by Section 20A-6-105 that is used to identify provisional ballots and to provide
258     information to verify a person's legal right to vote.
259          [(65)] (66) "Qualify" or "qualified" means to take the oath of office and begin
260     performing the duties of the position for which the person was elected.
261          [(66)] (67) "Receiving judge" means the poll worker that checks the voter's name in the
262     official register, provides the voter with a ballot, and removes the ballot stub from the ballot
263     after the voter has voted.
264          [(67)] (68) "Registration form" means a book voter registration form and a by-mail
265     voter registration form.
266          [(68)] (69) "Regular ballot" means a ballot that is not a provisional ballot.
267          [(69)] (70) "Regular general election" means the election held throughout the state on
268     the first Tuesday after the first Monday in November of each even-numbered year for the
269     purposes established in Section 20A-1-201.
270          [(70)] (71) "Regular primary election" means the election on the fourth Tuesday of
271     June of each even-numbered year, to nominate candidates of political parties and candidates for
272     nonpartisan local school board positions to advance to the regular general election.
273          [(71)] (72) "Resident" means a person who resides within a specific voting precinct in

274     Utah.
275          [(72)] (73) "Sample ballot" means a mock ballot similar in form to the official ballot
276     printed and distributed as provided in Section 20A-5-405.
277          [(73)] (74) "Scratch vote" means to mark or punch the straight party ticket and then
278     mark or punch the ballot for one or more candidates who are members of different political
279     parties.
280          [(74)] (75) "Secrecy envelope" means the envelope given to a voter along with the
281     ballot into which the voter places the ballot after the voter has voted it in order to preserve the
282     secrecy of the voter's vote.
283          [(75)] (76) "Special election" means an election held as authorized by Section
284     20A-1-203.
285          [(76)] (77) "Spoiled ballot" means each ballot that:
286          (a) is spoiled by the voter;
287          (b) is unable to be voted because it was spoiled by the printer or a poll worker; or
288          (c) lacks the official endorsement.
289          [(77)] (78) "Statewide special election" means a special election called by the governor
290     or the Legislature in which all registered voters in Utah may vote.
291          [(78)] (79) "Stub" means the detachable part of each ballot.
292          [(79)] (80) "Substitute ballots" means replacement ballots provided by an election
293     officer to the poll workers when the official ballots are lost or stolen.
294          [(80)] (81) "Ticket" means each list of candidates for each political party or for each
295     group of petitioners.
296          [(81)] (82) "Transfer case" means the sealed box used to transport voted ballots to the
297     counting center.
298          [(82)] (83) "Vacancy" means the absence of a person to serve in any position created
299     by statute, whether that absence occurs because of death, disability, disqualification,
300     resignation, or other cause.
301          [(83)] (84) "Valid voter identification" means:
302          (a) a form of identification that bears the name and photograph of the voter which may
303     include:
304          (i) a currently valid Utah driver license;

305          (ii) a currently valid identification card that is issued by:
306          (A) the state; or
307          (B) a branch, department, or agency of the United States;
308          (iii) a currently valid Utah permit to carry a concealed weapon;
309          (iv) a currently valid United States passport; or
310          (v) a currently valid United States military identification card;
311          (b) one of the following identification cards, whether or not the card includes a
312     photograph of the voter:
313          (i) a valid tribal identification card;
314          (ii) a Bureau of Indian Affairs card; or
315          (iii) a tribal treaty card; or
316          (c) two forms of identification not listed under Subsection [(83)] (84)(a) or (b) but that
317     bear the name of the voter and provide evidence that the voter resides in the voting precinct,
318     which may include:
319          (i) a current utility bill or a legible copy thereof, dated within the 90 days before the
320     election;
321          (ii) a bank or other financial account statement, or a legible copy thereof;
322          (iii) a certified birth certificate;
323          (iv) a valid Social Security card;
324          (v) a check issued by the state or the federal government or a legible copy thereof;
325          (vi) a paycheck from the voter's employer, or a legible copy thereof;
326          (vii) a currently valid Utah hunting or fishing license;
327          (viii) certified naturalization documentation;
328          (ix) a currently valid license issued by an authorized agency of the United States;
329          (x) a certified copy of court records showing the voter's adoption or name change;
330          (xi) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card;
331          (xii) a currently valid identification card issued by:
332          (A) a local government within the state;
333          (B) an employer for an employee; or
334          (C) a college, university, technical school, or professional school located within the
335     state; or

336          (xiii) a current Utah vehicle registration.
337          [(84)] (85) "Valid write-in candidate" means a candidate who has qualified as a
338     write-in candidate by following the procedures and requirements of this title.
339          [(85)] (86) "Voter" means a person who:
340          (a) meets the requirements for voting in an election;
341          (b) meets the requirements of election registration;
342          (c) is registered to vote; and
343          (d) is listed in the official register book.
344          [(86)] (87) "Voter registration deadline" means the registration deadline provided in
345     Section 20A-2-102.5.
346          [(87)] (88) "Voting area" means the area within six feet of the voting booths, voting
347     machines, and ballot box.
348          [(88)] (89) "Voting booth" means:
349          (a) the space or compartment within a polling place that is provided for the preparation
350     of ballots, including the voting machine enclosure or curtain; or
351          (b) a voting device that is free standing.
352          [(89)] (90) "Voting device" means:
353          (a) an apparatus in which ballot sheets are used in connection with a punch device for
354     piercing the ballots by the voter;
355          (b) a device for marking the ballots with ink or another substance;
356          (c) an electronic voting device or other device used to make selections and cast a ballot
357     electronically, or any component thereof;
358          (d) an automated voting system under Section 20A-5-302; or
359          (e) any other method for recording votes on ballots so that the ballot may be tabulated
360     by means of automatic tabulating equipment.
361          [(90)] (91) "Voting machine" means a machine designed for the sole purpose of
362     recording and tabulating votes cast by voters at an election.
363          [(91)] (92) "Voting poll watcher" means a person appointed as provided in this title to
364     witness the distribution of ballots and the voting process.
365          [(92)] (93) "Voting precinct" means the smallest voting unit established as provided by
366     law within which qualified voters vote at one polling place.

367          [(93)] (94) "Watcher" means a voting poll watcher, a counting poll watcher, an
368     inspecting poll watcher, and a testing watcher.
369          [(94)] (95) "Western States Presidential Primary" means the election established in
370     Chapter 9, Part 8, Western States Presidential Primary.
371          [(95)] (96) "Write-in ballot" means a ballot containing any write-in votes.
372          [(96)] (97) "Write-in vote" means a vote cast for a person whose name is not printed on
373     the ballot according to the procedures established in this title.
374          Section 2. Section 20A-1-303 is amended to read:
375          20A-1-303. Determining results.
376          (1) (a) [When] Except as provided in Section 20A-4-303.5, when one person is to be
377     elected or nominated, the person receiving the highest number of votes at any:
378          (i) election for any office to be filled at that election is elected to that office; and
379          (ii) primary for nomination for any office is nominated for that office.
380          (b) When more than one person is to be elected or nominated, the persons receiving the
381     highest number of votes at any:
382          (i) election for any office to filled at that election are elected to that office; and
383          (ii) primary for nomination for any office are nominated for that office.
384          (2) Any ballot proposition submitted to voters for their approval or rejection:
385          (a) passes if the number of "yes" votes is greater than the number of "no" votes; and
386          (b) fails if:
387          (i) the number of "yes" votes equal the number of "no" votes; or
388          (ii) the number of "no" votes is greater than the number of "yes" votes.
389          Section 3. Section 20A-1-304 is amended to read:
390          20A-1-304. Tie votes.
391          (1) Except as provided in Subsection (2) or Section 20A-4-303.5, if two or more
392     candidates for a position have an equal and the highest number of votes for any office, the
393     election officer shall determine by lot which candidate is selected in a public meeting in the
394     presence of each person subject to the tie within 30 days of the canvass or within 30 days of the
395     recount if one is requested or held.
396          (2) For any municipal primary election, if two or more candidates for a position have
397     an equal and the highest number of votes for any office, the election officer shall determine by

398     lot which candidate is selected in a public meeting in the presence of each person subject to the
399     tie within five days of the canvass or within five days of the recount if one is requested or held.
400          Section 4. Section 20A-4-303.5 is enacted to read:
401          20A-4-303.5. Determining nominee in multi-candidate primary race.
402          (1) Except as provided in Subsection (2), in a multi-candidate primary race the
403     candidate who receives the highest number of votes is nominated.
404          (2) If the candidate who receives the highest number of votes in a multi-candidate
405     primary race does not receive more than Ĥ→ [
50%] 40% ←Ĥ of the total votes cast in that race,
405a     the party shall,
406     within 30 days after the day on which the board of canvassers certifies the vote totals:
407          (a) in accordance with the party's bylaws, choose, as the party's nominee, one of the
408     two candidates who received the highest number of votes; and
409          (b) provide to the election officer for the next general election a certificate of
410     nomination stating the name of the candidate chosen.
411          Section 5. Section 20A-4-304 is amended to read:
412          20A-4-304. Declaration of results -- Canvassers' report.
413          (1) Each board of canvassers shall:
414          (a) except as provided in Section 20A-4-303.5, declare "elected" or "nominated" those
415     persons who:
416          (i) had the highest number of votes; and
417          (ii) sought election or nomination to an office completely within the board's
418     jurisdiction;
419          (b) declare:
420          (i) "approved" those ballot propositions that:
421          (A) had more "yes" votes than "no" votes; and
422          (B) were submitted only to the voters within the board's jurisdiction;
423          (ii) "rejected" those ballot propositions that:
424          (A) had more "no" votes than "yes" votes or an equal number of "no" votes and "yes"
425     votes; and
426          (B) were submitted only to the voters within the board's jurisdiction;
427          (c) certify the vote totals for persons and for and against ballot propositions that were
428     submitted to voters within and beyond the board's jurisdiction and transmit those vote totals to

429     the lieutenant governor; and
430          (d) if applicable, certify the results of each local district election to the local district
431     clerk.
432          (2) (a) As soon as the result is declared, the election officer shall prepare a report of the
433     result, which shall contain:
434          (i) the total number of votes cast in the board's jurisdiction;
435          (ii) the names of each candidate whose name appeared on the ballot;
436          (iii) the title of each ballot proposition that appeared on the ballot;
437          (iv) each office that appeared on the ballot;
438          (v) from each voting precinct:
439          (A) the number of votes for each candidate; and
440          (B) the number of votes for and against each ballot proposition;
441          (vi) the total number of votes given in the board's jurisdiction to each candidate, and
442     for and against each ballot proposition;
443          (vii) the number of ballots that were rejected; and
444          (viii) a statement certifying that the information contained in the report is accurate.
445          (b) The election officer and the board of canvassers shall:
446          (i) review the report to ensure that it is correct; and
447          (ii) sign the report.
448          (c) The election officer shall:
449          (i) record or file the certified report in a book kept for that purpose;
450          (ii) prepare and transmit a certificate of nomination or election under the officer's seal
451     to each nominated or elected candidate;
452          (iii) publish a copy of the certified report:
453          (A) in one or more conspicuous places within the jurisdiction;
454          (B) in a conspicuous place on the county's website; and
455          (C) in a newspaper with general circulation in the board's jurisdiction; and
456          (iv) file a copy of the certified report with the lieutenant governor.
457          (3) When there has been a regular general or a statewide special election for statewide
458     officers, for officers that appear on the ballot in more than one county, or for a statewide or two
459     or more county ballot proposition, each board of canvassers shall:

460          (a) prepare a separate report detailing the number of votes for each candidate and the
461     number of votes for and against each ballot proposition; and
462          (b) transmit it by registered mail to the lieutenant governor.
463          (4) In each county election, municipal election, school election, local district election,
464     and local special election, the election officer shall transmit the reports to the lieutenant
465     governor within 14 days after the date of the election.
466          (5) In regular primary elections and in the Western States Presidential Primary, the
467     board shall transmit to the lieutenant governor:
468          (a) the county totals for multi-county races, to be telephoned or faxed to the lieutenant
469     governor:
470          (i) not later than the second Tuesday after the primary election for the regular primary
471     election; and
472          (ii) not later than the Tuesday following the election for the Western States Presidential
473     Primary; and
474          (b) a complete tabulation showing voting totals for all primary races, precinct by
475     precinct, to be mailed to the lieutenant governor on or before the third Friday following the
476     primary election.
477          Section 6. Section 20A-9-101 is amended to read:
478          20A-9-101. Definitions.
479          As used in this chapter:
480          (1) (a) "Candidates for elective office" means persons who file a declaration of
481     candidacy under Section 20A-9-202 to run in a regular general election for a federal office,
482     constitutional office, multicounty office, or county office.
483          (b) "Candidates for elective office" does not mean candidates for:
484          (i) justice or judge of court of record or not of record;
485          (ii) presidential elector;
486          (iii) any political party offices; and
487          (iv) municipal or local district offices.
488          (2) "Constitutional office" means the state offices of governor, lieutenant governor,
489     attorney general, state auditor, and state treasurer.
490          (3) "Continuing political party" is as defined in Section 20A-8-101.

491          (4) (a) "County office" means an elective office where the office holder is selected by
492     voters entirely within one county.
493          (b) "County office" does not mean:
494          (i) the office of justice or judge of any court of record or not of record;
495          (ii) the office of presidential elector;
496          (iii) any political party offices;
497          (iv) any municipal or local district offices; and
498          (v) the office of United States Senator and United States Representative.
499          (5) "Federal office" means an elective office for United States Senator and United
500     States Representative.
501          (6) "Filing officer" means:
502          (a) the lieutenant governor, for:
503          (i) the office of United States Senator and United States Representative; and
504          (ii) all constitutional offices;
505          (b) the county clerk, for county offices and local school district offices, and the county
506     clerk in the filer's county of residence, for multicounty offices;
507          (c) the city or town clerk, for municipal offices; and
508          (d) the local district clerk, for local district offices.
509          (7) "Local district office" means an elected office in a local district.
510          (8) "Local government office" includes county offices, municipal offices, and local
511     district offices and other elective offices selected by the voters from a political division entirely
512     within one county.
513          (9) (a) "Multicounty office" means an elective office where the office holder is selected
514     by the voters from more than one county.
515          (b) "Multicounty office" does not mean:
516          (i) a county office;
517          (ii) a federal office;
518          (iii) the office of justice or judge of any court of record or not of record;
519          (iv) the office of presidential elector;
520          (v) any political party offices; and
521          (vi) any municipal or local district offices.

522          (10) "Municipal office" means an elective office in a municipality.
523          (11) (a) "Political division" means a geographic unit from which an office holder is
524     elected and that an office holder represents.
525          (b) "Political division" includes a county, a city, a town, a local district, a school
526     district, a legislative district, and a county prosecution district.
527          (12) "Qualified political party" means a registered political party that:
528          (a) permits voters who are unaffiliated with any political party to vote for the registered
529     political party's candidates in a primary election;
530          (b) (i) permits a delegate for the registered political party to vote on a candidate
531     nomination in the registered political party's convention remotely; or
532          (ii) provides a procedure for designating an alternate delegate if a delegate is not
533     present at the registered political party's convention;
534          (c) does not hold the registered political party's convention before April 1 of an
535     even-numbered year;
536          (d) permits a member of the registered political party to seek the registered political
537     party's nomination for any elective office by the member choosing to seek the nomination by
538     either or both of the following methods:
539          (i) seeking the nomination through the registered political party's convention process,
540     in accordance with the provisions of Section 20A-9-407, including, as applicable, Section
541     20A-4-303.5; or
542          (ii) seeking the nomination by collecting signatures, in accordance with the provisions
543     of Section 20A-9-408, including, as applicable, Section 20A-4-303.5; and
544          (e) no later than 5 p.m. on September 30 of an odd-numbered year, certifies to the
545     lieutenant governor that, for the election in the following year, the registered political party
546     intends to nominate the registered political party's candidates in accordance with the provisions
547     of Sections 20A-4-303.5, 20A-9-407, and 20A-9-408.
548          Section 7. Section 20A-9-403 is amended to read:
549          20A-9-403. Regular primary elections.
550          (1) (a) [Candidates] Except as provided in Section 20A-4-303.5, candidates for elective
551     office that are to be filled at the next regular general election shall be nominated in a regular
552     primary election by direct vote of the people in the manner prescribed in this section. The

553     fourth Tuesday of June of each even-numbered year is designated as regular primary election
554     day. Nothing in this section shall affect a candidate's ability to qualify for a regular general
555     election's ballot as an unaffiliated candidate under Section 20A-9-501 or to participate in a
556     regular general election as a write-in candidate under Section 20A-9-601.
557          (b) Each registered political party that chooses to have the names of its candidates for
558     elective office featured with party affiliation on the ballot at a regular general election shall
559     comply with the requirements of this section and shall nominate its candidates for elective
560     office in the manner prescribed in this section.
561          (c) A filing officer may not permit an official ballot at a regular general election to be
562     produced or used if the ballot denotes affiliation between a registered political party or any
563     other political group and a candidate for elective office who was not nominated in the manner
564     prescribed in this section or in Subsection 20A-9-202(4).
565          (d) Unless noted otherwise, the dates in this section refer to those that occur in each
566     even-numbered year in which a regular general election will be held.
567          (2) (a) Each registered political party, in a statement filed with the lieutenant governor,
568     shall:
569          (i) either declare their intent to participate in the next regular primary election or
570     declare that the registered political party chooses not to have the names of its candidates for
571     elective office featured on the ballot at the next regular general election;
572          (ii) if the registered political party participates in the upcoming regular primary
573     election, identify one or more registered political parties whose members may vote for the
574     registered political party's candidates and whether [or not persons] an individual identified as
575     unaffiliated with a political party may vote for the registered political party's candidates; and
576          (iii) if the registered political party participates in the upcoming regular primary
577     election, indicate whether [it] the party chooses to nominate unopposed candidates without
578     their name appearing on the ballot, as described under Subsection (5)(c).
579          (b) A registered political party that is a continuing political party must file the
580     statement described in Subsection (2)(a) with the lieutenant governor no later than 5 p.m. on
581     November 15 of each odd-numbered year. An organization that is seeking to become a
582     registered political party under Section 20A-8-103 must file the statement described in
583     Subsection (2)(b) no later than 5 p.m. on February 15.

584          (3) (a) Except as provided in Subsection (3)(e), a person who [has submitted] submits a
585     declaration of candidacy under Section 20A-9-202 shall appear as a candidate for elective
586     office on the regular primary ballot of the registered political party listed on the declaration of
587     candidacy only if the person is certified by the appropriate filing officer as having submitted a
588     set of nomination petitions that was:
589          (i) circulated and completed in accordance with Section 20A-9-405; and
590          (ii) signed by at least two percent of the registered political party's members who reside
591     in the political division of the office that the person seeks.
592          (b) A candidate for elective office shall submit nomination petitions to the appropriate
593     filing officer for verification and certification no later than 5 p.m. on the final day in March.
594     Candidates may supplement their submissions at any time on or before the filing deadline.
595          (c) The lieutenant governor shall determine for each elective office the total number of
596     signatures that must be submitted under Subsection (3)(a)(ii) by counting the aggregate number
597     of persons residing in each elective office's political division who have designated a particular
598     registered political party on their voter registration forms as of November 1 of each
599     odd-numbered year. The lieutenant governor shall publish this determination for each elective
600     office no later than November 15 of each odd-numbered year.
601          (d) The filing officer shall:
602          (i) verify signatures on nomination petitions in a transparent and orderly manner;
603          (ii) for all qualifying candidates for elective office who submitted nomination petitions
604     to the filing officer, issue certifications referenced in Subsection (3)(a) no later than 5 p.m. on
605     the first Monday after the third Saturday in April;
606          (iii) consider active and inactive voters eligible to sign nomination petitions;
607          (iv) consider a person who signs a nomination petition a member of a registered
608     political party for purposes of Subsection (3)(a)(ii) if the person has designated that registered
609     political party as their preferred party affiliation on their voter registration form prior to 5 p.m.
610     on the final day in March; and
611          (v) utilize procedures described in Section 20A-7-206.3 to verify submitted nomination
612     petition signatures, or use statistical sampling procedures to verify submitted nomination
613     petition signatures pursuant to rules issued by the lieutenant governor under Subsection (3)(f).
614          (e) Notwithstanding any other provision in Subsection (3), a candidate for lieutenant

615     governor may appear on the regular primary ballot of a registered political party without
616     submitting nomination petitions if the candidate files a declaration of candidacy and complies
617     with Subsection 20A-9-202(3).
618          (f) The lieutenant governor shall issue rules that provide for the use of statistical
619     sampling procedures for filing officers to verify signatures under Subsection (3)(d). The
620     statistical sampling procedures shall reflect a bona fide effort to determine the validity of a
621     candidate's entire submission, using widely recognized statistical sampling techniques. The
622     lieutenant governor may also issue supplemental rules and guidance that provide for the
623     transparent, orderly, and timely submission, verification, and certification of nomination
624     petition signatures.
625          (g) The county clerk shall:
626          (i) review the declarations of candidacy filed by candidates for local boards of
627     education to determine if more than two candidates have filed for the same seat;
628          (ii) place the names of all candidates who have filed a declaration of candidacy for a
629     local board of education seat on the nonpartisan section of the ballot if more than two
630     candidates have filed for the same seat; and
631          (iii) determine the order of the local board of education candidates' names on the ballot
632     in accordance with Section 20A-6-305.
633          (4) (a) By 5 p.m. on the first Wednesday after the third Saturday in April, the lieutenant
634     governor shall provide to the county clerks:
635          (i) a list of the names of all candidates for federal, constitutional, multi-county, and
636     county offices who have received certifications under Subsection (3), along with instructions
637     on how those names shall appear on the primary-election ballot in accordance with Section
638     20A-6-305; and
639          (ii) a list of unopposed candidates for elective office who have been nominated by a
640     registered political party under Subsection (5)(c) and instruct the county clerks to exclude such
641     candidates from the primary-election ballot.
642          (b) A candidate for lieutenant governor and a candidate for governor campaigning as
643     joint-ticket running mates shall appear jointly on the primary-election ballot.
644          (c) After the county clerk receives the certified list from the lieutenant governor under
645     Subsection (4)(a), the county clerk shall post or publish a primary election notice in

646     substantially the following form:
647          "Notice is given that a primary election will be held Tuesday, June ____,
648     ________(year), to nominate party candidates for the parties and candidates for nonpartisan
649     local school board positions listed on the primary ballot. The polling place for voting precinct
650     ____ is ____. The polls will open at 7 a.m. and continue open until 8 p.m. of the same day.
651     Attest: county clerk."
652          (5) (a) [Candidates] Except as provided in Section 20A-4-303.5, candidates, other than
653     presidential candidates, receiving the highest number of votes cast for each office at the regular
654     primary election are nominated by their registered political party for that office or are
655     nominated as a candidate for a nonpartisan local school board position.
656          (b) If two or more candidates, other than presidential candidates, are to be elected to
657     the office at the regular general election, those party candidates equal in number to positions to
658     be filled who receive the highest number of votes at the regular primary election are the
659     nominees of their party for those positions.
660          (c) A candidate who is unopposed for an elective office in the regular primary election
661     of a registered political party is nominated by the party for that office without appearing on the
662     primary ballot, provided that the party has chosen to nominate unopposed candidates under
663     Subsection (2)(a)(iii). A candidate is "unopposed" if no person other than the candidate has
664     received a certification under Subsection (3) for the regular primary election ballot of the
665     candidate's registered political party for a particular elective office.
666          (6) (a) [When] Except as otherwise provided in Section 20A-4-303.5, if a tie vote
667     occurs in any primary election for any national, state, or other office that represents more than
668     one county, the governor, lieutenant governor, and attorney general shall, at a public meeting
669     called by the governor and in the presence of the candidates involved, select the nominee by lot
670     cast in whatever manner the governor determines.
671          (b) [When] Except as otherwise provided in Section 20A-4-303.5, if a tie vote occurs
672     in any primary election for any county office, the district court judges of the district in which
673     the county is located shall, at a public meeting called by the judges and in the presence of the
674     candidates involved, select the nominee by lot cast in whatever manner the judges determine.
675          (7) The expense of providing all ballots, blanks, or other supplies to be used at any
676     primary election provided for by this section, and all expenses necessarily incurred in the

677     preparation for or the conduct of that primary election shall be paid out of the treasury of the
678     county or state, in the same manner as for the regular general elections.
679          Section 8. Section 20A-9-406 is amended to read:
680          20A-9-406. Qualified political party -- Requirements and exemptions.
681          The following provisions apply to a qualified political party:
682          (1) the qualified political party shall certify to the lieutenant governor no later than 5
683     p.m. on March 1 of each even-numbered year:
684          (a) the identity of one or more registered political parties whose members may vote for
685     the qualified political party's candidates; and
686          (b) whether the qualified political party chooses to nominate unopposed candidates
687     without the names of the candidates appearing on the ballot, as described in Subsection
688     20A-9-403(5)(c);
689          (2) the provisions of Subsections 20A-9-403(1) through (4)(a), Subsection
690     20A-9-403(5)(c), and Section 20A-9-405 do not apply to a nomination for the qualified
691     political party;
692          (3) except as provided in Section 20A-4-303.5, an individual may only obtain a
693     nomination for the qualified political party by using a method described in Section 20A-9-407,
694     Section 20A-9-408, or both;
695          (4) the qualified political party shall comply with the provisions of Sections
696     20A-4-303.5, 20A-9-407, 20A-9-408, and 20A-9-409;
697          (5) notwithstanding Subsection 20A-6-301(1)(a), (1)(g), or (2)(a), each election officer
698     shall ensure that a ballot described in Section 20A-6-301 includes each person nominated by a
699     qualified political party under Section 20A-4-303.5, 20A-9-407, or 20A-9-408:
700          (a) under the qualified political party's name and emblem, if any; or
701          (b) under the title of the qualified registered political party as designated by the
702     qualified political party in the certification described in Subsection (1), or, if none is
703     designated, then under some suitable title;
704          (6) notwithstanding Subsection 20A-6-302(1)(a), each election officer shall ensure, for
705     paper ballots in regular general elections, that each candidate who is nominated by the qualified
706     political party is listed by party;
707          (7) notwithstanding Subsection 20A-6-303(1)(g), each election officer shall ensure that

708     the party designation of each candidate who is nominated by the qualified political party is
709     printed immediately adjacent to the candidate's name on ballot sheets or ballot labels;
710          (8) notwithstanding Subsection 20A-6-304(1)(g), each election officer shall ensure that
711     the party designation of each candidate who is nominated by the qualified political party is
712     displayed adjacent to the candidate's name on an electronic ballot;
713          (9) "candidates for elective office," defined in Subsection 20A-9-101(1)(a), also
714     includes an individual who files a declaration of candidacy under Section 20A-9-407 or
715     20A-9-408 to run in a regular general election for a federal office, constitutional office,
716     multicounty office, or county office;
717          (10) an individual who is nominated by, or seeking the nomination of, the qualified
718     political party is not required to comply with Subsection 20A-9-201(1)(c);
719          (11) notwithstanding Subsection 20A-9-403(3), the qualified political party is entitled
720     to have each of the qualified political party's candidates for elective office appear on the
721     primary ballot of the qualified political party with an indication that each candidate is a
722     candidate for the qualified political party;
723          (12) notwithstanding Subsection 20A-9-403(4)(a), the lieutenant governor shall include
724     on the list provided by the lieutenant governor to the county clerks:
725          (a) the names of all candidates of the qualified political party for federal, constitutional,
726     multicounty, and county offices; and
727          (b) the names of unopposed candidates for elective office who have been nominated by
728     the qualified political party and instruct the county clerks to exclude such candidates from the
729     primary-election ballot;
730          (13) notwithstanding Subsection 20A-9-403(5)(c), a candidate who is unopposed for an
731     elective office in the regular primary election of the qualified political party is nominated by
732     the party for that office without appearing on the primary ballot, provided that the party has
733     chosen to nominate unopposed candidates under Subsection 20A-9-403(2)(a)(iii); and
734          (14) notwithstanding the provisions of Subsections 20A-9-403(1) and (2) and Section
735     20A-9-405, the qualified political party is entitled to have the names of its candidates for
736     elective office featured with party affiliation on the ballot at a regular general election.
737          Section 9. Section 20A-9-407 is amended to read:
738          20A-9-407. Convention nomination process for qualified political party.

739          (1) This section describes the requirements for a member of a qualified political party
740     who is seeking the nomination of a qualified political party for an elective office through the
741     qualified political party's convention nomination process.
742          (2) Notwithstanding Subsection 20A-9-201(4)(a), the form of the declaration of
743     candidacy for a member of a qualified political party who is nominated by, or who is seeking
744     the nomination of, the qualified political party under this section shall be substantially as
745     follows:
746          "State of Utah, County of ____
747          I, ______________, declare my intention of becoming a candidate for the office of
748     ____ as a candidate for the ____ party. I do solemnly swear that: I will meet the qualifications
749     to hold the office, both legally and constitutionally, if selected; I reside at _____________ in
750     the City or Town of ____, Utah, Zip Code ____, Phone No. ____; I will not knowingly violate
751     any law governing campaigns and elections; I will file all campaign financial disclosure reports
752     as required by law; and I understand that failure to do so will result in my disqualification as a
753     candidate for this office and removal of my name from the ballot. The mailing address that I
754     designate for receiving official election notices is
755     ___________________________________________________________________________
756     ___________________________________________________________________________.
757          Subscribed and sworn before me this __________(month\day\year). Notary Public (or
758     other officer qualified to administer oath)."
759          (3) Notwithstanding Subsection 20A-9-202(1)(a), and except as provided in Subsection
760     20A-9-202(4), a member of a qualified political party who, under this section, is seeking the
761     nomination of the qualified political party for an elective office that is to be filled at the next
762     general election, shall:
763          (a) file a declaration of candidacy in person with the filing officer on or after the
764     second Friday in March and before 5 p.m. on the third Thursday in March before the next
765     regular general election; and
766          (b) pay the filing fee.
767          (4) Notwithstanding Subsection 20A-9-202(2)(a), a member of a qualified political
768     party who, under this section, is seeking the nomination of the qualified political party for the
769     office of district attorney within a multicounty prosecution district that is to be filled at the next

770     general election shall:
771          (a) file a declaration of candidacy with the county clerk designated in the interlocal
772     agreement creating the prosecution district on or after the second Friday in March and before 5
773     p.m. on the third Thursday in March before the next regular general election; and
774          (b) pay the filing fee.
775          (5) Notwithstanding Subsection 20A-9-202(3)(a)(iii), a lieutenant governor candidate
776     who files as the joint-ticket running mate of an individual who is nominated by a qualified
777     political party, under this section, for the office of governor shall submit a letter from the
778     candidate for governor that names the lieutenant governor candidate as a joint-ticket running
779     mate.
780          (6) The lieutenant governor shall ensure that the certification described in Subsection
781     20A-9-701(1) also includes the name of each candidate nominated by a qualified political party
782     under this section or Section 20A-4-303.5.
783          (7) Notwithstanding Subsection 20A-9-701(2), the ballot shall, for each candidate who
784     is nominated by a qualified political party under this section or Section 20A-4-303.5, designate
785     the qualified political party that nominated the candidate.
786          Section 10. Section 20A-9-408 is amended to read:
787          20A-9-408. Signature-gathering nomination process for qualified political party.
788          (1) This section describes the requirements for a member of a qualified political party
789     who is seeking the nomination of the qualified political party for an elective office through the
790     signature-gathering nomination process described in this section.
791          (2) Notwithstanding Subsection 20A-9-201(4)(a), the form of the declaration of
792     candidacy for a member of a qualified political party who is nominated by, or who is seeking
793     the nomination of, the qualified political party under this section shall be substantially as
794     follows:
795          "State of Utah, County of ____
796          I, ______________, declare my intention of becoming a candidate for the office of
797     ____ as a candidate for the ____ party. I do solemnly swear that: I will meet the qualifications
798     to hold the office, both legally and constitutionally, if selected; I reside at _____________ in
799     the City or Town of ____, Utah, Zip Code ____, Phone No. ____; I will not knowingly violate
800     any law governing campaigns and elections; I will file all campaign financial disclosure reports

801     as required by law; and I understand that failure to do so will result in my disqualification as a
802     candidate for this office and removal of my name from the ballot. The mailing address that I
803     designate for receiving official election notices is
804     ___________________________________________________________________________
805     ___________________________________________________________________________.
806          Subscribed and sworn before me this __________(month\day\year). Notary Public (or
807     other officer qualified to administer oath)."
808          (3) Notwithstanding Subsection 20A-9-202(1)(a), and except as provided in Subsection
809     20A-9-202(4), a member of a qualified political party who, under this section, is seeking the
810     nomination of the qualified political party for an elective office that is to be filled at the next
811     general election shall:
812          (a) within the period beginning on January 1 before the next regular general election
813     and ending on the third Thursday in March of the same year, and before gathering signatures
814     under this section, file with the filing officer on a form approved by the lieutenant governor a
815     notice of intent to gather signatures for candidacy that includes:
816          (i) the name of the member who will attempt to become a candidate for a registered
817     political party under this section;
818          (ii) the name of the registered political party for which the member is seeking
819     nomination;
820          (iii) the office for which the member is seeking to become a candidate;
821          (iv) the address and telephone number of the member; and
822          (v) other information required by the lieutenant governor;
823          (b) file a declaration of candidacy, in person, with the filing officer on or after the
824     second Friday in March and before 5 p.m. on the third Thursday in March before the next
825     regular general election; and
826          (c) pay the filing fee.
827          (4) Notwithstanding Subsection 20A-9-202(2)(a), a member of a qualified political
828     party who, under this section, is seeking the nomination of the qualified political party for the
829     office of district attorney within a multicounty prosecution district that is to be filled at the next
830     general election shall:
831          (a) on or after January 1 before the next regular general election, and before gathering

832     signatures under this section, file with the filing officer on a form approved by the lieutenant
833     governor a notice of intent to gather signatures for candidacy that includes:
834          (i) the name of the member who will attempt to become a candidate for a registered
835     political party under this section;
836          (ii) the name of the registered political party for which the member is seeking
837     nomination;
838          (iii) the office for which the member is seeking to become a candidate;
839          (iv) the address and telephone number of the member; and
840          (v) other information required by the lieutenant governor;
841          (b) file a declaration of candidacy, in person, with the filing officer on or after the
842     second Friday in March and before 5 p.m. on the third Thursday in March before the next
843     regular general election; and
844          (c) pay the filing fee.
845          (5) Notwithstanding Subsection 20A-9-202(3)(a)(iii), a lieutenant governor candidate
846     who files as the joint-ticket running mate of an individual who is nominated by a qualified
847     political party, under this section, for the office of governor shall submit a letter from the
848     candidate for governor that names the lieutenant governor candidate as a joint-ticket running
849     mate.
850          (6) The lieutenant governor shall ensure that the certification described in Subsection
851     20A-9-701(1) also includes the name of each candidate nominated by a qualified political party
852     under this section or Section 20A-4-303.5.
853          (7) Notwithstanding Subsection 20A-9-701(2), the ballot shall, for each candidate who
854     is nominated by a qualified political party under this section or Section 20A-4-303.5, designate
855     the qualified political party that nominated the candidate.
856          (8) A member of a qualified political party may seek the nomination of the qualified
857     political party for an elective office by:
858          (a) complying with the requirements described in this section; and
859          (b) collecting signatures, on a form approved by the lieutenant governor's office, during
860     the period beginning on January 1 of an even-numbered year and ending 14 days before the day
861     on which the qualified political party's convention for the office is held, in the following
862     amounts:

863          (i) for a statewide race, 28,000 signatures of registered voters in the state who are
864     permitted by the qualified political party to vote for the qualified political party's candidates in
865     a primary election;
866          (ii) for a congressional district race, 7,000 signatures of registered voters who are
867     residents of the congressional district and are permitted by the qualified political party to vote
868     for the qualified political party's candidates in a primary election;
869          (iii) for a state Senate district race, 2,000 signatures of registered voters who are
870     residents of the state Senate district and are permitted by the qualified political party to vote for
871     the qualified political party's candidates in a primary election;
872          (iv) for a state House district race, 1,000 signatures of registered voters who are
873     residents of the state House district and are permitted by the qualified political party to vote for
874     the qualified political party's candidates in a primary election; and
875          (v) for a county office race, signatures of 3% of the registered voters who are residents
876     of the area permitted to vote for the county office and are permitted by the qualified political
877     party to vote for the qualified political party's candidates in a primary election.
878          (9) (a) In order for a member of the qualified political party to qualify as a candidate
879     for the qualified political party's nomination for an elective office under this section, the
880     member shall:
881          (i) collect the signatures on a form approved by the lieutenant governor's office, using
882     the same circulation and verification requirements described in Sections 20A-7-304 and
883     20A-7-305; and
884          (ii) submit the signatures to the election officer no later than 14 days before the day on
885     which the qualified political party holds its convention to select candidates, for the elective
886     office, for the qualified political party's nomination.
887          (b) An individual may not gather signatures under this section until after the individual
888     files a notice of intent to gather signatures for candidacy described in this section.
889          (c) An individual who files a notice of intent to gather signatures for candidacy,
890     described in Subsection (3)(a) or (4)(a), is, beginning on the day on which the individual files
891     the notice of intent to gather signatures for candidacy:
892          (i) required to comply with the reporting requirements that a candidate for office is
893     required to comply with; and

894          (ii) subject to the same enforcement provisions, and civil and criminal penalties, that
895     apply to a candidate for office in relation to the reporting requirements described in Subsection
896     (9)(c)(i).
897          (d) Upon timely receipt of the signatures described in Subsections (8) and (9)(a), the
898     election officer shall, no later than one day before the day on which the qualified political party
899     holds the convention to select a nominee for the elective office to which the signature packets
900     relate:
901          (i) check the name of each individual who completes the verification for a signature
902     packet to determine whether each individual is a resident of Utah and is at least 18 years old;
903          (ii) submit the name of each individual described in Subsection (9)(d)(i) who is not a
904     Utah resident or who is not at least 18 years old to the attorney general and the county attorney;
905          (iii) determine whether each signer is a registered voter who is qualified to sign the
906     petition, using the same method, described in Section 20A-7-206.3, used to verify a signature
907     on a petition;
908          (iv) certify whether each name is that of a registered voter who is qualified to sign the
909     signature packet; and
910          (v) notify the qualified political party and the lieutenant governor of the name of each
911     member of the qualified political party who qualifies as a nominee of the qualified political
912     party, under this section, for the elective office to which the convention relates.
913          (e) Upon receipt of a notice of intent to gather signatures for candidacy described in
914     this section, the lieutenant governor shall post the notice of intent to gather signatures for
915     candidacy on the lieutenant governor's website in the same location that the lieutenant governor
916     posts a declaration of candidacy.
917          Section 11. Section 63I-1-220 is amended to read:
918          63I-1-220. Repeal dates, Title 20A.
919          On January 1, 2017:
920          (1) Subsection 20A-1-102[(54)](55) is repealed.
921          (2) Subsection 20A-2-102.5(1) the language that states "20A-4-108, or" is repealed.
922          (3) Subsection 20A-2-201(3) the language that states "Except as provided in
923     Subsection 20A-4-108(5)," is repealed.
924          (4) Subsection 20A-2-202(3)(a) the language that states "Except as provided in

925     Subsection 20A-4-108(6)," is repealed.
926          (5) Subsection 20A-2-204(5)(a) the language that states "Except as provided in
927     Subsection 20A-4-108(7)," is repealed.
928          (6) Subsection 20A-2-205(7)(a) the language that states "Except as provided in
929     Subsection 20A-4-108(8)," is repealed.
930          (7) Subsection 20A-2-206(8)(b) the language that states "Except as provided in
931     Subsection 20A-4-108(9)," is repealed.
932          (8) Subsection 20A-2-307(2)(a) is repealed.
933          (9) Subsection 20A-4-107(2)(b) the language that states "Except as provided in
934     Subsection 20A-4-108(10)," is repealed.
935          (10) Subsection 20A-4-107(3) the language that states "or if the voter is, in accordance
936     with the pilot project, registered to vote under Subsection 20A-4-108(10)," is repealed.
937          (11) Subsection 20A-4-107(4) the language that states "Except as provided in
938     Subsection 20A-4-108(12)," is repealed.
939          (12) Section 20A-4-108 is repealed.