1     
REVISIONS TO ELECTIONS LAW

2     
2015 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Fred C. Cox

5     
Senate Sponsor: Scott K. Jenkins

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions relating to elections.
10     Highlighted Provisions:
11          This bill:
12          ▸     provides that, for the 2016 primary elections only, a registered political party that
13     chooses to become a qualified political party will select the party's nominees using,
14     initially, only the convention process and will participate in the primary process
15     only to the extent that the qualified political party designates more than one
16     nominee for one office to participate in the primary process; and
17          ▸     makes technical and conforming changes.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          20A-5-101, as last amended by Laws of Utah 2014, Chapters 17 and 362
25          20A-9-101, as last amended by Laws of Utah 2014, Chapter 17
26          20A-9-406, as enacted by Laws of Utah 2014, Chapter 17
27          20A-9-407, as enacted by Laws of Utah 2014, Chapter 17

28          20A-9-408, as enacted by Laws of Utah 2014, Chapter 17
29          63I-2-220, as last amended by Laws of Utah 2014, Chapter 3
30     ENACTS:
31          20A-9-405.5, Utah Code Annotated 1953
32          20A-9-411, Utah Code Annotated 1953
33     

34     Be it enacted by the Legislature of the state of Utah:
35          Section 1. Section 20A-5-101 is amended to read:
36          20A-5-101. Notice of election.
37          (1) On or before November 15 in the year before each regular general election year, the
38     lieutenant governor shall prepare and transmit a written notice to each county clerk that:
39          (a) designates the offices to be filled at the next year's regular general election;
40          (b) identifies the dates for filing a declaration of candidacy, and for submitting and
41     certifying nomination petition signatures under [Section] Sections 20A-9-403, 20A-9-407,
42     20A-9-408, and 20A-9-411 for those offices;
43          (c) includes the master ballot position list for the next year and the year following as
44     established under Section 20A-6-305; and
45          (d) contains a description of any ballot propositions to be decided by the voters that
46     have qualified for the ballot as of that date.
47          (2) (a) No later than November 15 in the year before the regular general election year,
48     each county clerk shall:
49          (i) publish a notice:
50          (A) once in a newspaper published in that county; and
51          (B) as required in Section 45-1-101; or
52          (ii) (A) cause a copy of the notice to be posted in a conspicuous place most likely to
53     give notice of the election to the voters in each voting precinct within the county; and
54          (B) prepare an affidavit of that posting, showing a copy of the notice and the places
55     where the notice was posted.
56          (b) The notice required by Subsection (2)(a) shall:
57          (i) designate the offices to be voted on in that election; and
58          (ii) identify the dates for filing a declaration of candidacy for those offices.

59          (3) Before each election, the election officer shall give written or printed notice of:
60          (a) the date and place of election;
61          (b) the hours during which the polls will be open;
62          (c) the polling places for each voting precinct;
63          (d) an election day voting center designated under Section 20A-3-703; and
64          (e) the qualifications for persons to vote in the election.
65          (4) To provide the notice required by Subsection (3), the election officer shall publish
66     the notice at least two days before the election:
67          (a) in a newspaper of general circulation common to the area or in which the election is
68     being held; and
69          (b) as required in Section 45-1-101.
70          Section 2. Section 20A-9-101 is amended to read:
71          20A-9-101. Definitions.
72          As used in this chapter:
73          (1) (a) "Candidates for elective office" means persons who file a declaration of
74     candidacy under Section 20A-9-202 to run in a regular general election for a federal office,
75     constitutional office, multicounty office, or county office.
76          (b) "Candidates for elective office" does not mean candidates for:
77          (i) justice or judge of court of record or not of record;
78          (ii) presidential elector;
79          (iii) any political party offices; and
80          (iv) municipal or local district offices.
81          (2) "Constitutional office" means the state offices of governor, lieutenant governor,
82     attorney general, state auditor, and state treasurer.
83          (3) "Continuing political party" is as defined in Section 20A-8-101.
84          (4) (a) "County office" means an elective office where the office holder is selected by
85     voters entirely within one county.
86          (b) "County office" does not mean:
87          (i) the office of justice or judge of any court of record or not of record;
88          (ii) the office of presidential elector;
89          (iii) any political party offices;

90          (iv) any municipal or local district offices; and
91          (v) the office of United States Senator and United States Representative.
92          (5) "Federal office" means an elective office for United States Senator and United
93     States Representative.
94          (6) "Filing officer" means:
95          (a) the lieutenant governor, for:
96          (i) the office of United States Senator and United States Representative; and
97          (ii) all constitutional offices;
98          (b) the county clerk, for county offices and local school district offices, and the county
99     clerk in the filer's county of residence, for multicounty offices;
100          (c) the city or town clerk, for municipal offices; and
101          (d) the local district clerk, for local district offices.
102          (7) "Local district office" means an elected office in a local district.
103          (8) "Local government office" includes county offices, municipal offices, and local
104     district offices and other elective offices selected by the voters from a political division entirely
105     within one county.
106          (9) (a) "Multicounty office" means an elective office where the office holder is selected
107     by the voters from more than one county.
108          (b) "Multicounty office" does not mean:
109          (i) a county office;
110          (ii) a federal office;
111          (iii) the office of justice or judge of any court of record or not of record;
112          (iv) the office of presidential elector;
113          (v) any political party offices; and
114          (vi) any municipal or local district offices.
115          (10) "Municipal office" means an elective office in a municipality.
116          (11) (a) "Political division" means a geographic unit from which an office holder is
117     elected and that an office holder represents.
118          (b) "Political division" includes a county, a city, a town, a local district, a school
119     district, a legislative district, and a county prosecution district.
120          (12) (a) "Qualified political party," until January 1, 2017, means a registered political

121     party that, no later than 5 p.m. on the last Tuesday of September in an odd-numbered year,
122     notifies the lieutenant governor, in writing, that the party will:
123          (i) nominate all party candidates through a convention process; and
124          (ii) only use the primary election process, at the option of the party, to allow voters in
125     one or more of the following groups to choose between two or more candidates designated by
126     the party:
127          (A) members of the registered political party;
128          (B) members of one or more parties other than the registered political party; or
129          (C) unaffiliated voters.
130          (b) "Qualified political party," beginning on January 1, 2017, means a registered
131     political party that:
132          [(a)] (i) permits voters who are unaffiliated with any political party to vote for the
133     registered political party's candidates in a primary election;
134          [(b) (i)] (ii) (A) permits a delegate for the registered political party to vote on a
135     candidate nomination in the registered political party's convention remotely; or
136          [(ii)] (B) provides a procedure for designating an alternate delegate if a delegate is not
137     present at the registered political party's convention;
138          [(c)] (iii) does not hold the registered political party's convention before April 1 of an
139     even-numbered year;
140          [(d)] (iv) permits a member of the registered political party to seek the registered
141     political party's nomination for any elective office by the member choosing to seek the
142     nomination by either or both of the following methods:
143          [(i)] (A) seeking the nomination through the registered political party's convention
144     process, in accordance with the provisions of Section 20A-9-407; or
145          [(ii)] (B) seeking the nomination by collecting signatures, in accordance with the
146     provisions of Section 20A-9-408; and
147          [(e)] (v) no later than 5 p.m. on September 30 of an odd-numbered year, certifies to the
148     lieutenant governor that, for the election in the following year, the registered political party
149     intends to nominate the registered political party's candidates in accordance with the provisions
150     of Sections 20A-9-407 and 20A-9-408.
151          Section 3. Section 20A-9-405.5 is enacted to read:

152          20A-9-405.5. Qualified political party -- Requirements and exemptions.
153          The following provisions apply to a qualified political party:
154          (1) the qualified political party shall certify to the lieutenant governor no later than 5
155     p.m. on March 1 of each even-numbered year:
156          (a) the identity of one or more registered political parties whose members may vote for
157     the qualified political party's candidates in a primary election;
158          (b) whether the qualified political party will permit unaffiliated voters to vote for the
159     qualified political party's candidates in a primary election; and
160          (c) whether the qualified political party chooses to nominate unopposed candidates
161     without the names of the candidates appearing on the ballot, as described in Subsection
162     20A-9-403(5)(c);
163          (2) the provisions of Subsections 20A-9-403(1) through (4)(a), Subsection
164     20A-9-403(5)(c), and Section 20A-9-405 do not apply to a nomination for the qualified
165     political party;
166          (3) an individual may only obtain a nomination for the qualified political party by using
167     the method described in Section 20A-9-411;
168          (4) the qualified political party shall comply with the provisions of Section 20A-9-411;
169          (5) notwithstanding Subsection 20A-6-301(1)(a), (1)(g), or (2)(a), each election officer
170     shall ensure that a ballot described in Section 20A-6-301 includes each person nominated by a
171     qualified political party under Section 20A-9-411:
172          (a) under the qualified political party's name and emblem, if any; or
173          (b) under the title of the qualified registered political party as designated by the
174     qualified political party in the certification described in Subsection (1), or, if none is
175     designated, then under some suitable title;
176          (6) notwithstanding Subsection 20A-6-302(1)(a), each election officer shall ensure, for
177     paper ballots in regular general elections, that each candidate who is nominated by the qualified
178     political party is listed by party;
179          (7) notwithstanding Subsection 20A-6-303(1)(g), each election officer shall ensure that
180     the party designation of each candidate who is nominated by the qualified political party is
181     printed immediately adjacent to the candidate's name on ballot sheets or ballot labels;
182          (8) notwithstanding Subsection 20A-6-304(1)(g), each election officer shall ensure that

183     the party designation of each candidate who is nominated by the qualified political party is
184     displayed adjacent to the candidate's name on an electronic ballot;
185          (9) "candidates for elective office," defined in Subsection 20A-9-101(1)(a), also
186     includes an individual who files a declaration of candidacy under Section 20A-9-411 to run in a
187     regular general election for a federal office, constitutional office, multicounty office, or county
188     office;
189          (10) an individual who is nominated by, or seeking the nomination of, the qualified
190     political party is not required to comply with Subsection 20A-9-201(1)(c);
191          (11) notwithstanding Subsection 20A-9-403(3), the qualified political party is entitled
192     to have each of the qualified political party's candidates for elective office appear on the
193     primary ballot of the qualified political party with an indication that each candidate is a
194     candidate for the qualified political party;
195          (12) notwithstanding Subsection 20A-9-403(4)(a), the lieutenant governor shall include
196     on the list provided by the lieutenant governor to the county clerks:
197          (a) the names of all candidates of the qualified political party for federal, constitutional,
198     multicounty, and county offices; and
199          (b) the names of unopposed candidates for elective office who have been nominated by
200     the qualified political party and instruct the county clerks to exclude such candidates from the
201     primary-election ballot;
202          (13) notwithstanding Subsection 20A-9-403(5)(c), a candidate who is unopposed for an
203     elective office in the regular primary election of the qualified political party is nominated by
204     the party for that office without appearing on the primary ballot, provided that the party has
205     chosen to nominate unopposed candidates under Subsection 20A-9-403(2)(a)(iii); and
206          (14) notwithstanding the provisions of Subsections 20A-9-403(1) and (2) and Section
207     20A-9-405, the qualified political party is entitled to have the names of its candidates for
208     elective office featured with party affiliation on the ballot at a regular general election.
209          Section 4. Section 20A-9-406 is amended to read:
210          20A-9-406. Qualified political party -- Requirements and exemptions.
211          [The] Beginning on January 1, 2017, the following provisions apply to a qualified
212     political party:
213          (1) the qualified political party shall certify to the lieutenant governor no later than 5

214     p.m. on March 1 of each even-numbered year:
215          (a) the identity of one or more registered political parties whose members may vote for
216     the qualified political party's candidates; and
217          (b) whether the qualified political party chooses to nominate unopposed candidates
218     without the names of the candidates appearing on the ballot[, as described in Subsection
219     20A-9-403(5)(c)];
220          (2) the provisions of Subsections 20A-9-403(1) through (4)(a), Subsection
221     20A-9-403(5)(c), and Section 20A-9-405 do not apply to a nomination for the qualified
222     political party;
223          (3) an individual may only obtain a nomination for the qualified political party by using
224     a method described in Section 20A-9-407, Section 20A-9-408, or both;
225          (4) the qualified political party shall comply with the provisions of Sections
226     20A-9-407, 20A-9-408, and 20A-9-409;
227          (5) notwithstanding Subsection 20A-6-301(1)(a), (1)(g), or (2)(a), each election officer
228     shall ensure that a ballot described in Section 20A-6-301 includes each person nominated by a
229     qualified political party under Section 20A-9-407 or 20A-9-408:
230          (a) under the qualified political party's name and emblem, if any; or
231          (b) under the title of the qualified registered political party as designated by the
232     qualified political party in the certification described in Subsection (1), or, if none is
233     designated, then under some suitable title;
234          (6) notwithstanding Subsection 20A-6-302(1)(a), each election officer shall ensure, for
235     paper ballots in regular general elections, that each candidate who is nominated by the qualified
236     political party is listed by party;
237          (7) notwithstanding Subsection 20A-6-303(1)(g), each election officer shall ensure that
238     the party designation of each candidate who is nominated by the qualified political party is
239     printed immediately adjacent to the candidate's name on ballot sheets or ballot labels;
240          (8) notwithstanding Subsection 20A-6-304(1)(g), each election officer shall ensure that
241     the party designation of each candidate who is nominated by the qualified political party is
242     displayed adjacent to the candidate's name on an electronic ballot;
243          (9) "candidates for elective office," defined in Subsection 20A-9-101(1)(a), also
244     includes an individual who files a declaration of candidacy under Section 20A-9-407 or

245     20A-9-408 to run in a regular general election for a federal office, constitutional office,
246     multicounty office, or county office;
247          (10) an individual who is nominated by, or seeking the nomination of, the qualified
248     political party is not required to comply with Subsection 20A-9-201(1)(c);
249          (11) notwithstanding Subsection 20A-9-403(3), the qualified political party is entitled
250     to have each of the qualified political party's candidates for elective office appear on the
251     primary ballot of the qualified political party with an indication that each candidate is a
252     candidate for the qualified political party;
253          (12) notwithstanding Subsection 20A-9-403(4)(a), the lieutenant governor shall include
254     on the list provided by the lieutenant governor to the county clerks:
255          (a) the names of all candidates of the qualified political party for federal, constitutional,
256     multicounty, and county offices; and
257          (b) the names of unopposed candidates for elective office who have been nominated by
258     the qualified political party and instruct the county clerks to exclude such candidates from the
259     primary-election ballot;
260          (13) notwithstanding Subsection 20A-9-403(5)(c), a candidate who is unopposed for an
261     elective office in the regular primary election of the qualified political party is nominated by
262     the party for that office without appearing on the primary ballot, provided that the party has
263     chosen to nominate unopposed candidates under Subsection 20A-9-403(2)(a)(iii); and
264          (14) notwithstanding the provisions of Subsections 20A-9-403(1) and (2) and Section
265     20A-9-405, the qualified political party is entitled to have the names of its candidates for
266     elective office featured with party affiliation on the ballot at a regular general election.
267          Section 5. Section 20A-9-407 is amended to read:
268          20A-9-407. Applicable beginning on January 1, 2017 -- Convention nomination
269     process for qualified political party.
270          (1) The provisions of this section apply to a qualified political party beginning on
271     January 1, 2017.
272          [(1)] (2) This section describes the requirements, beginning on January 1, 2017, for a
273     member of a qualified political party who is seeking the nomination of a qualified political
274     party for an elective office through the qualified political party's convention nomination
275     process.

276          [(2)] (3) Notwithstanding Subsection 20A-9-201(4)(a), the form of the declaration of
277     candidacy for a member of a qualified political party who is nominated by, or who is seeking
278     the nomination of, the qualified political party under this section shall be substantially as
279     follows:
280          "State of Utah, County of ____
281          I, ______________, declare my intention of becoming a candidate for the office of
282     ____ as a candidate for the ____ party. I do solemnly swear that: I will meet the qualifications
283     to hold the office, both legally and constitutionally, if selected; I reside at _____________ in
284     the City or Town of ____, Utah, Zip Code ____, Phone No. ____; I will not knowingly violate
285     any law governing campaigns and elections; I will file all campaign financial disclosure reports
286     as required by law; and I understand that failure to do so will result in my disqualification as a
287     candidate for this office and removal of my name from the ballot. The mailing address that I
288     designate for receiving official election notices is
289     ___________________________________________________________________________
290     ___________________________________________________________________________.
291          Subscribed and sworn before me this __________(month\day\year). Notary Public (or
292     other officer qualified to administer oath)."
293          [(3)] (4) Notwithstanding Subsection 20A-9-202(1)(a), and except as provided in
294     Subsection 20A-9-202(4), a member of a qualified political party who, under this section, is
295     seeking the nomination of the qualified political party for an elective office that is to be filled at
296     the next general election, shall:
297          (a) file a declaration of candidacy in person with the filing officer on or after the
298     second Friday in March and before 5 p.m. on the third Thursday in March before the next
299     regular general election; and
300          (b) pay the filing fee.
301          [(4)] (5) Notwithstanding Subsection 20A-9-202(2)(a), a member of a qualified
302     political party who, under this section, is seeking the nomination of the qualified political party
303     for the office of district attorney within a multicounty prosecution district that is to be filled at
304     the next general election shall:
305          (a) file a declaration of candidacy with the county clerk designated in the interlocal
306     agreement creating the prosecution district on or after the second Friday in March and before 5

307     p.m. on the third Thursday in March before the next regular general election; and
308          (b) pay the filing fee.
309          [(5)] (6) Notwithstanding Subsection 20A-9-202(3)(a)(iii), a lieutenant governor
310     candidate who files as the joint-ticket running mate of an individual who is nominated by a
311     qualified political party, under this section, for the office of governor shall submit a letter from
312     the candidate for governor that names the lieutenant governor candidate as a joint-ticket
313     running mate.
314          [(6)] (7) The lieutenant governor shall ensure that the certification described in
315     Subsection 20A-9-701(1) also includes the name of each candidate nominated by a qualified
316     political party under this section.
317          [(7)] (8) Notwithstanding Subsection 20A-9-701(2), the ballot shall, for each candidate
318     who is nominated by a qualified political party under this section, designate the qualified
319     political party that nominated the candidate.
320          Section 6. Section 20A-9-408 is amended to read:
321          20A-9-408. Applicable beginning on January 1, 2017 -- Signature-gathering
322     nomination process for qualified political party.
323          (1) The provisions of this section apply to a qualified political party beginning on
324     January 1, 2017.
325          [(1)] (2) This section describes the requirements, beginning on January 1, 2017, for a
326     member of a qualified political party who is seeking the nomination of the qualified political
327     party for an elective office through the signature-gathering nomination process described in this
328     section.
329          [(2)] (3) Notwithstanding Subsection 20A-9-201(4)(a), the form of the declaration of
330     candidacy for a member of a qualified political party who is nominated by, or who is seeking
331     the nomination of, the qualified political party under this section shall be substantially as
332     follows:
333          "State of Utah, County of ____
334          I, ______________, declare my intention of becoming a candidate for the office of
335     ____ as a candidate for the ____ party. I do solemnly swear that: I will meet the qualifications
336     to hold the office, both legally and constitutionally, if selected; I reside at _____________ in
337     the City or Town of ____, Utah, Zip Code ____, Phone No. ____; I will not knowingly violate

338     any law governing campaigns and elections; I will file all campaign financial disclosure reports
339     as required by law; and I understand that failure to do so will result in my disqualification as a
340     candidate for this office and removal of my name from the ballot. The mailing address that I
341     designate for receiving official election notices is
342     ___________________________________________________________________________
343     ___________________________________________________________________________.
344          Subscribed and sworn before me this __________(month\day\year). Notary Public (or
345     other officer qualified to administer oath)."
346          [(3)] (4) Notwithstanding Subsection 20A-9-202(1)(a), and except as provided in
347     Subsection 20A-9-202(4), a member of a qualified political party who, under this section, is
348     seeking the nomination of the qualified political party for an elective office that is to be filled at
349     the next general election shall:
350          (a) within the period beginning on January 1 before the next regular general election
351     and ending on the third Thursday in March of the same year, and before gathering signatures
352     under this section, file with the filing officer on a form approved by the lieutenant governor a
353     notice of intent to gather signatures for candidacy that includes:
354          (i) the name of the member who will attempt to become a candidate for a registered
355     political party under this section;
356          (ii) the name of the registered political party for which the member is seeking
357     nomination;
358          (iii) the office for which the member is seeking to become a candidate;
359          (iv) the address and telephone number of the member; and
360          (v) other information required by the lieutenant governor;
361          (b) file a declaration of candidacy, in person, with the filing officer on or after the
362     second Friday in March and before 5 p.m. on the third Thursday in March before the next
363     regular general election; and
364          (c) pay the filing fee.
365          [(4)] (5) Notwithstanding Subsection 20A-9-202(2)(a), a member of a qualified
366     political party who, under this section, is seeking the nomination of the qualified political party
367     for the office of district attorney within a multicounty prosecution district that is to be filled at
368     the next general election shall:

369          (a) on or after January 1 before the next regular general election, and before gathering
370     signatures under this section, file with the filing officer on a form approved by the lieutenant
371     governor a notice of intent to gather signatures for candidacy that includes:
372          (i) the name of the member who will attempt to become a candidate for a registered
373     political party under this section;
374          (ii) the name of the registered political party for which the member is seeking
375     nomination;
376          (iii) the office for which the member is seeking to become a candidate;
377          (iv) the address and telephone number of the member; and
378          (v) other information required by the lieutenant governor;
379          (b) file a declaration of candidacy, in person, with the filing officer on or after the
380     second Friday in March and before 5 p.m. on the third Thursday in March before the next
381     regular general election; and
382          (c) pay the filing fee.
383          [(5)] (6) Notwithstanding Subsection 20A-9-202(3)(a)(iii), a lieutenant governor
384     candidate who files as the joint-ticket running mate of an individual who is nominated by a
385     qualified political party, under this section, for the office of governor shall submit a letter from
386     the candidate for governor that names the lieutenant governor candidate as a joint-ticket
387     running mate.
388          [(6)] (7) The lieutenant governor shall ensure that the certification described in
389     Subsection 20A-9-701(1) also includes the name of each candidate nominated by a qualified
390     political party under this section.
391          [(7)] (8) Notwithstanding Subsection 20A-9-701(2), the ballot shall, for each candidate
392     who is nominated by a qualified political party under this section, designate the qualified
393     political party that nominated the candidate.
394          [(8)] (9) A member of a qualified political party may seek the nomination of the
395     qualified political party for an elective office by:
396          (a) complying with the requirements described in this section; and
397          (b) collecting signatures, on a form approved by the lieutenant governor's office, during
398     the period beginning on January 1 of an even-numbered year and ending 14 days before the day
399     on which the qualified political party's convention for the office is held, in the following

400     amounts:
401          (i) for a statewide race, 28,000 signatures of registered voters in the state who are
402     permitted by the qualified political party to vote for the qualified political party's candidates in
403     a primary election;
404          (ii) for a congressional district race, 7,000 signatures of registered voters who are
405     residents of the congressional district and are permitted by the qualified political party to vote
406     for the qualified political party's candidates in a primary election;
407          (iii) for a state Senate district race, 2,000 signatures of registered voters who are
408     residents of the state Senate district and are permitted by the qualified political party to vote for
409     the qualified political party's candidates in a primary election;
410          (iv) for a state House district race, 1,000 signatures of registered voters who are
411     residents of the state House district and are permitted by the qualified political party to vote for
412     the qualified political party's candidates in a primary election; and
413          (v) for a county office race, signatures of 3% of the registered voters who are residents
414     of the area permitted to vote for the county office and are permitted by the qualified political
415     party to vote for the qualified political party's candidates in a primary election.
416          [(9)] (10) (a) In order for a member of the qualified political party to qualify as a
417     candidate for the qualified political party's nomination for an elective office under this section,
418     the member shall:
419          (i) collect the signatures on a form approved by the lieutenant governor's office, using
420     the same circulation and verification requirements described in Sections 20A-7-304 and
421     20A-7-305; and
422          (ii) submit the signatures to the election officer no later than 14 days before the day on
423     which the qualified political party holds its convention to select candidates, for the elective
424     office, for the qualified political party's nomination.
425          (b) An individual may not gather signatures under this section until after the individual
426     files a notice of intent to gather signatures for candidacy described in this section.
427          (c) An individual who files a notice of intent to gather signatures for candidacy,
428     described in Subsection [(3)(a) or] (4)(a) or (5)(a), is, beginning on the day on which the
429     individual files the notice of intent to gather signatures for candidacy:
430          (i) required to comply with the reporting requirements that a candidate for office is

431     required to comply with; and
432          (ii) subject to the same enforcement provisions, and civil and criminal penalties, that
433     apply to a candidate for office in relation to the reporting requirements described in Subsection
434     [(9)] (10)(c)(i).
435          (d) Upon timely receipt of the signatures described in Subsections [(8)] (9) and [(9)]
436     (10)(a), the election officer shall, no later than one day before the day on which the qualified
437     political party holds the convention to select a nominee for the elective office to which the
438     signature packets relate:
439          (i) check the name of each individual who completes the verification for a signature
440     packet to determine whether each individual is a resident of Utah and is at least 18 years old;
441          (ii) submit the name of each individual described in Subsection [(9)] (10)(d)(i) who is
442     not a Utah resident or who is not at least 18 years old to the attorney general and the county
443     attorney;
444          (iii) determine whether each signer is a registered voter who is qualified to sign the
445     petition, using the same method, described in Section 20A-7-206.3, used to verify a signature
446     on a petition;
447          (iv) certify whether each name is that of a registered voter who is qualified to sign the
448     signature packet; and
449          (v) notify the qualified political party and the lieutenant governor of the name of each
450     member of the qualified political party who qualifies as a nominee of the qualified political
451     party, under this section, for the elective office to which the convention relates.
452          (e) Upon receipt of a notice of intent to gather signatures for candidacy described in
453     this section, the lieutenant governor shall post the notice of intent to gather signatures for
454     candidacy on the lieutenant governor's website in the same location that the lieutenant governor
455     posts a declaration of candidacy.
456          Section 7. Section 20A-9-411 is enacted to read:
457          20A-9-411. Convention nomination process for qualified political party for the
458     2016 primary elections.
459          (1) This section describes the requirements for a member of a qualified political party
460     who is seeking the nomination of a qualified political party for an elective office through the
461     qualified political party's convention nomination process.

462          (2) Notwithstanding Subsection 20A-9-201(4)(a), the form of the declaration of
463     candidacy for a member of a qualified political party who is nominated by, or who is seeking
464     the nomination of, the qualified political party under this section shall be substantially as
465     follows:
466          "State of Utah, County of ____
467          I, ______________, declare my intention of becoming a candidate for the office of
468     ____ as a candidate for the ____ Party. I do solemnly swear that: I will meet the qualifications
469     to hold the office, both legally and constitutionally, if selected; I reside at _____________ in
470     the City or Town of ____, Utah, Zip Code ____, Phone No. ____; I will not knowingly violate
471     any law governing campaigns and elections; I will file all campaign financial disclosure reports
472     as required by law; and I understand that failure to do so will result in my disqualification as a
473     candidate for this office and removal of my name from the ballot. The mailing address that I
474     designate for receiving official election notices is
475     ___________________________________________________________________________
476     ___________________________________________________________________________.
477          Subscribed and sworn before me this __________(month\day\year). Notary Public (or
478     other officer qualified to administer oath)."
479          (3) Notwithstanding Subsection 20A-9-202(1)(a), and except as provided in Subsection
480     20A-9-202(4), a member of a qualified political party who, under this section, is seeking the
481     nomination of the qualified political party for an elective office that is to be filled at the next
482     general election, shall:
483          (a) file a declaration of candidacy in person with the filing officer on or after the
484     second Friday in March and before 5 p.m. on the third Thursday in March before the next
485     regular general election; and
486          (b) pay the filing fee.
487          (4) Notwithstanding Subsection 20A-9-202(2)(a), a member of a qualified political
488     party who, under this section, is seeking the nomination of the qualified political party for the
489     office of district attorney within a multicounty prosecution district that is to be filled at the next
490     general election shall:
491          (a) file a declaration of candidacy with the county clerk designated in the interlocal
492     agreement creating the prosecution district on or after the second Friday in March and before 5

493     p.m. on the third Thursday in March before the next regular general election; and
494          (b) pay the filing fee.
495          (5) Notwithstanding Subsection 20A-9-202(3)(a)(iii), a lieutenant governor candidate
496     who files as the joint-ticket running mate of an individual who is nominated by a qualified
497     political party, under this section, for the office of governor shall submit a letter from the
498     candidate for governor that names the lieutenant governor candidate as a joint-ticket running
499     mate.
500          (6) The lieutenant governor shall ensure that the certification described in Subsection
501     20A-9-701(1) also includes the name of each candidate nominated by a qualified political party
502     under this section.
503          (7) Notwithstanding Subsection 20A-9-701(2), the ballot shall, for each candidate who
504     is nominated by a qualified political party under this section, designate the qualified political
505     party that nominated the candidate.
506          Section 8. Section 63I-2-220 is amended to read:
507          63I-2-220. Repeal dates, Title 20A.
508          (1) Section 20A-3-704 is repealed January 1, 2016.
509          (2) Section 20A-5-410 is repealed January 1, 2016.
510          [(3) (a) Subsection 20A-7-101(1)(a)(i), the language that states "of the first class" and
511     "; or" is repealed January 1, 2015.]
512          [(b) Subsection 20A-7-101(1)(a)(ii), the language that states "for a county not
513     described in Subsection (1)(a)(i), a person designated as budget officer in Section 17-19-19" is
514     repealed January 1, 2015.]
515          [(4) Section 20A-9-403.1 is repealed on January 1, 2015.]
516          (3) Section 20A-9-405.5 is repealed on January 1, 2017.
517          (4) Section 20A-9-411 is repealed on January 1, 2017.






Legislative Review Note
     as of 2-2-15 6:03 PM


Office of Legislative Research and General Counsel