1     
POLITICAL PARTY AND ELECTION AMENDMENTS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Kraig Powell

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions of the Election Code.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies the number of signatures needed on a petition to be included on a primary
13     election ballot; and
14          ▸     permits an individual to sign more than one petition described in the preceding
15     paragraph.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          This bill provides a special effective date.
20     Utah Code Sections Affected:
21     AMENDS:
22          20A-9-408, as last amended by Laws of Utah 2015, Chapter 296
23          20A-9-411, as enacted by Laws of Utah 2015, Chapter 296
24     

25     Be it enacted by the Legislature of the state of Utah:
26          Section 1. Section 20A-9-408 is amended to read:
27          20A-9-408. Signature-gathering process to seek the nomination of a qualified
28     political party.
29          (1) This section describes the requirements for a member of a qualified political party
30     who is seeking the nomination of the qualified political party for an elective office through the
31     signature-gathering process described in this section.
32          (2) Notwithstanding Subsection 20A-9-201(4)(a), the form of the declaration of
33     candidacy for a member of a qualified political party who is nominated by, or who is seeking
34     the nomination of, the qualified political party under this section shall be substantially as
35     described in Section 20A-9-408.5.
36          (3) Notwithstanding Subsection 20A-9-202(1)(a), and except as provided in Subsection
37     20A-9-202(4), a member of a qualified political party who, under this section, is seeking the
38     nomination of the qualified political party for an elective office that is to be filled at the next
39     general election shall:
40          (a) within the period beginning on January 1 before the next regular general election
41     and ending on the third Thursday in March of the same year, and before gathering signatures
42     under this section, file with the filing officer on a form approved by the lieutenant governor a
43     notice of intent to gather signatures for candidacy that includes:
44          (i) the name of the member who will attempt to become a candidate for a registered
45     political party under this section;
46          (ii) the name of the registered political party for which the member is seeking
47     nomination;
48          (iii) the office for which the member is seeking to become a candidate;
49          (iv) the address and telephone number of the member; and
50          (v) other information required by the lieutenant governor;
51          (b) file a declaration of candidacy, in person, with the filing officer on or after the
52     second Friday in March and before 5 p.m. on the third Thursday in March before the next
53     regular general election; and
54          (c) pay the filing fee.
55          (4) Notwithstanding Subsection 20A-9-202(2)(a), a member of a qualified political
56     party who, under this section, is seeking the nomination of the qualified political party for the
57     office of district attorney within a multicounty prosecution district that is to be filled at the next
58     general election shall:
59          (a) on or after January 1 before the next regular general election, and before gathering
60     signatures under this section, file with the filing officer on a form approved by the lieutenant
61     governor a notice of intent to gather signatures for candidacy that includes:
62          (i) the name of the member who will attempt to become a candidate for a registered
63     political party under this section;
64          (ii) the name of the registered political party for which the member is seeking
65     nomination;
66          (iii) the office for which the member is seeking to become a candidate;
67          (iv) the address and telephone number of the member; and
68          (v) other information required by the lieutenant governor;
69          (b) file a declaration of candidacy, in person, with the filing officer on or after the
70     second Friday in March and before 5 p.m. on the third Thursday in March before the next
71     regular general election; and
72          (c) pay the filing fee.
73          (5) Notwithstanding Subsection 20A-9-202(3)(a)(iii), a lieutenant governor candidate
74     who files as the joint-ticket running mate of an individual who is nominated by a qualified
75     political party, under this section, for the office of governor shall submit a letter from the
76     candidate for governor that names the lieutenant governor candidate as a joint-ticket running
77     mate.
78          (6) The lieutenant governor shall ensure that the certification described in Subsection
79     20A-9-701(1) also includes the name of each candidate nominated by a qualified political party
80     under this section.
81          (7) Notwithstanding Subsection 20A-9-701(2), the ballot shall, for each candidate who
82     is nominated by a qualified political party under this section, designate the qualified political
83     party that nominated the candidate.
84          (8) A member of a qualified political party may seek the nomination of the qualified
85     political party for an elective office by:
86          (a) complying with the requirements described in this section; and
87          (b) collecting signatures[,] on a form approved by the lieutenant governor, during the
88     period beginning on January 1 of an even-numbered year and ending 14 days before the day on
89     which the qualified political party's convention for the office is held, [in the following
90     amounts:] in the amount of at least 2% of the qualified political party's members who reside in
91     the political division of the office for which the member is seeking the nomination.
92          [(i) for a statewide race, 28,000 signatures of registered voters in the state who are
93     permitted by the qualified political party to vote for the qualified political party's candidates in
94     a primary election;]
95          [(ii) for a congressional district race, 7,000 signatures of registered voters who are
96     residents of the congressional district and are permitted by the qualified political party to vote
97     for the qualified political party's candidates in a primary election;]
98          [(iii) for a state Senate district race, 2,000 signatures of registered voters who are
99     residents of the state Senate district and are permitted by the qualified political party to vote for
100     the qualified political party's candidates in a primary election;]
101          [(iv) for a state House district race, 1,000 signatures of registered voters who are
102     residents of the state House district and are permitted by the qualified political party to vote for
103     the qualified political party's candidates in a primary election; and]
104          [(v) for a county office race, signatures of 3% of the registered voters who are residents
105     of the area permitted to vote for the county office and are permitted by the qualified political
106     party to vote for the qualified political party's candidates in a primary election.]
107          (9) (a) In order for a member of the qualified political party to qualify as a candidate
108     for the qualified political party's nomination for an elective office under this section, the
109     member shall:
110          (i) collect the signatures on a form approved by the lieutenant governor, using the same
111     circulation and verification requirements described in Sections 20A-7-204 and 20A-7-205; and
112          (ii) submit the signatures to the election officer no later than 14 days before the day on
113     which the qualified political party holds its convention to select candidates, for the elective
114     office, for the qualified political party's nomination.
115          (b) An individual may not gather signatures under this section until after the individual
116     files a notice of intent to gather signatures for candidacy described in this section.
117          (c) An individual who files a notice of intent to gather signatures for candidacy,
118     described in Subsection (3)(a) or (4)(a), is, beginning on the day on which the individual files
119     the notice of intent to gather signatures for candidacy:
120          (i) required to comply with the reporting requirements that a candidate for office is
121     required to comply with; and
122          (ii) subject to the same enforcement provisions, and civil and criminal penalties, that
123     apply to a candidate for office in relation to the reporting requirements described in Subsection
124     (9)(c)(i).
125          (d) Upon timely receipt of the signatures described in Subsections (8) and (9)(a), the
126     election officer shall, no later than one day before the day on which the qualified political party
127     holds the convention to select a nominee for the elective office to which the signature packets
128     relate:
129          (i) check the name of each individual who completes the verification for a signature
130     packet to determine whether each individual is a resident of Utah and is at least 18 years old;
131          (ii) submit the name of each individual described in Subsection (9)(d)(i) who is not a
132     Utah resident or who is not at least 18 years old to the attorney general and the county attorney;
133          (iii) determine whether each signer is a registered voter who is qualified to sign the
134     petition, using the same method, described in Section 20A-7-206.3, used to verify a signature
135     on a petition;
136          (iv) certify whether each name is that of a registered voter who is qualified to sign the
137     signature packet; and
138          (v) notify the qualified political party and the lieutenant governor of the name of each
139     member of the qualified political party who qualifies as a nominee of the qualified political
140     party, under this section, for the elective office to which the convention relates.
141          (e) Upon receipt of a notice of intent to gather signatures for candidacy described in
142     this section, the lieutenant governor shall post the notice of intent to gather signatures for
143     candidacy on the lieutenant governor's website in the same location that the lieutenant governor
144     posts a declaration of candidacy.
145          Section 2. Section 20A-9-411 is amended to read:
146          20A-9-411. Signing multiple nomination petitions.
147          [(1)] An individual who signs a petition, described in Section 20A-9-403 or
148     20A-9-408, to nominate a candidate may [not] sign a petition to nominate another candidate for
149     the same office.
150          [(2) If an individual signs more than one petition in violation of Subsection (1), the
151     election officer may only count the signature on the first petition that the election officer
152     reviews for that office.]
153          Section 3. Effective date.
154          If approved by two-thirds of all the members elected to each house, this bill takes effect
155     upon approval by the governor, or the day following the constitutional time limit of Utah
156     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
157     the date of veto override.




Legislative Review Note
Office of Legislative Research and General Counsel