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7 LONG TITLE
8 General Description:
9 This bill amends provisions of the Election Code relating to a petition to nominate a
10 candidate for office.
11 Highlighted Provisions:
12 This bill:
13 ▸ establishes a procedure for an individual to remove the individual's signature from a
14 candidate nomination petition;
15 ▸ recodifies and clarifies criminal provisions relating to a candidate nomination
16 petition;
17 ▸ provides that criminal provisions relating to a candidate nomination petition apply
18 to both a candidate nomination petition for a registered political party and a
19 candidate nomination petition for a qualified political party;
20 ▸ imposes criminal and civil penalties when a signature gatherer intentionally
21 misrepresents the purpose of a nomination petition or certain other information
22 relating to the petition;
23 ▸ requires a signature gatherer to display certain information relating to a candidate
24 for whom they are collecting signatures; and
25 ▸ makes technical and conforming changes.
26 Money Appropriated in this Bill:
27 None
28 Other Special Clauses:
29 None
30 Utah Code Sections Affected:
31 AMENDS:
32 20A-9-403, as last amended by Laws of Utah 2016, Chapter 28
33 20A-9-405, as enacted by Laws of Utah 2014, Chapter 17
34 20A-9-408, as last amended by Laws of Utah 2016, Chapter 28
35 20A-9-411, as enacted by Laws of Utah 2015, Chapter 296
36
37 Be it enacted by the Legislature of the state of Utah:
38 Section 1. Section 20A-9-403 is amended to read:
39 20A-9-403. Regular primary elections.
40 (1) (a) Candidates for elective office that are to be filled at the next regular general
41 election shall be nominated in a regular primary election by direct vote of the people in the
42 manner prescribed in this section. The fourth Tuesday of June of each even-numbered year is
43 designated as regular primary election day. Nothing in this section shall affect a candidate's
44 ability to qualify for a regular general election's ballot as an unaffiliated candidate under
45 Section 20A-9-501 or to participate in a regular general election as a write-in candidate under
46 Section 20A-9-601.
47 (b) Each registered political party that chooses to have the names of its candidates for
48 elective office featured with party affiliation on the ballot at a regular general election shall
49 comply with the requirements of this section and shall nominate its candidates for elective
50 office in the manner prescribed in this section.
51 (c) A filing officer may not permit an official ballot at a regular general election to be
52 produced or used if the ballot denotes affiliation between a registered political party or any
53 other political group and a candidate for elective office who was not nominated in the manner
54 prescribed in this section or in Subsection 20A-9-202(4).
55 (d) Unless noted otherwise, the dates in this section refer to those that occur in each
56 even-numbered year in which a regular general election will be held.
57 (2) (a) Each registered political party, in a statement filed with the lieutenant governor,
58 shall:
59 (i) either declare their intent to participate in the next regular primary election or
60 declare that the registered political party chooses not to have the names of its candidates for
61 elective office featured on the ballot at the next regular general election; and
62 (ii) if the registered political party participates in the upcoming regular primary
63 election, identify one or more registered political parties whose members may vote for the
64 registered political party's candidates and whether [
65 unaffiliated with a political party may vote for the registered political party's candidates.
66 (b) (i) A registered political party that is a continuing political party must file the
67 statement described in Subsection (2)(a) with the lieutenant governor no later than 5 p.m. on
68 November 15 of each odd-numbered year.
69 (ii) An organization that is seeking to become a registered political party under Section
70 20A-8-103 must file the statement described in Subsection (2)(a) at the time that the registered
71 political party files the petition described in Section 20A-8-103.
72 (3) (a) Except as provided in Subsection (3)(e), [
73 individual who submits a declaration of candidacy under Section 20A-9-202 shall appear as a
74 candidate for elective office on the regular primary ballot of the registered political party listed
75 on the declaration of candidacy only if the [
76 filing officer as having submitted a set of nomination petitions that was:
77 (i) circulated and completed in accordance with Section 20A-9-405; and
78 (ii) signed by at least two percent of the registered political party's members who reside
79 in the political division of the office that the [
80 (b) A candidate for elective office shall submit nomination petitions to the appropriate
81 filing officer for verification and certification no later than 5 p.m. on the final day in March.
82 Candidates may supplement their submissions at any time on or before the filing deadline.
83 (c) The lieutenant governor shall determine for each elective office the total number of
84 signatures that must be submitted under Subsection (3)(a)(ii) by counting the aggregate number
85 of [
86 a particular registered political party on their voter registration forms as of November 1 of each
87 odd-numbered year. The lieutenant governor shall publish this determination for each elective
88 office no later than November 15 of each odd-numbered year.
89 (d) The filing officer shall, subject to Section 20A-9-411:
90 (i) verify signatures on a nomination [
91 manner;
92 (ii) certify signatures on a nomination petition no sooner than February 20;
93 [
94 petitions to the filing officer, issue certifications referenced in Subsection (3)(a) no later than 5
95 p.m. on the first Monday after the third Saturday in April;
96 [
97 [
98 of a registered political party for purposes of Subsection (3)(a)(ii) if the [
99 individual designates that registered political party as the [
100 membership on the [
101 by the individual; and
102 (v) utilize procedures described in Section 20A-7-206.3 to verify submitted nomination
103 petition signatures, or use statistical sampling procedures to verify submitted nomination
104 petition signatures pursuant to rules made under Subsection (3)(f).
105 (e) Notwithstanding any other provision in this Subsection (3), a candidate for
106 lieutenant governor may appear on the regular primary ballot of a registered political party
107 without submitting nomination petitions if the candidate files a declaration of candidacy and
108 complies with Subsection 20A-9-202(3).
109 (f) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
110 director of elections, within the Office of the Lieutenant Governor, shall make rules that:
111 (i) provide for the use of statistical sampling procedures that:
112 (A) filing officers are required to use to verify signatures under Subsection (3)(d); and
113 (B) reflect a bona fide effort to determine the validity of a candidate's entire
114 submission, using widely recognized statistical sampling techniques; and
115 (ii) provide for the transparent, orderly, and timely submission, verification, and
116 certification of nomination petition signatures.
117 (g) The county clerk shall:
118 (i) review the declarations of candidacy filed by candidates for local boards of
119 education to determine if more than two candidates have filed for the same seat;
120 (ii) place the names of all candidates who have filed a declaration of candidacy for a
121 local board of education seat on the nonpartisan section of the ballot if more than two
122 candidates have filed for the same seat; and
123 (iii) determine the order of the local board of education candidates' names on the ballot
124 in accordance with Section 20A-6-305.
125 (h) An individual who collects signatures for a candidate under this section shall, while
126 collecting the signatures, wear or carry a hat, shirt, tag, sign, or other item that contains the
127 following information, plainly visible to an individual from whom the signature gatherer is
128 requesting a signature:
129 (i) the name of each individual on whose behalf the signature gatherer is collecting
130 signatures; and
131 (ii) the following information for each individual described in Subsection (3)(h)(i):
132 (A) the party for which the individual is seeking nomination;
133 (B) the office that the individual is seeking; and
134 (C) if applicable, the district in which the individual is running for office.
135 (4) (a) By 5 p.m. on the first Wednesday after the third Saturday in April, the lieutenant
136 governor shall provide to the county clerks:
137 (i) a list of the names of all candidates for federal, constitutional, multi-county, and
138 county offices who have received certifications under Subsection (3), along with instructions
139 on how those names shall appear on the primary-election ballot in accordance with Section
140 20A-6-305; and
141 (ii) a list of unopposed candidates for elective office who have been nominated by a
142 registered political party under Subsection (5)(c) and instruct the county clerks to exclude such
143 candidates from the primary-election ballot.
144 (b) A candidate for lieutenant governor and a candidate for governor campaigning as
145 joint-ticket running mates shall appear jointly on the primary-election ballot.
146 (c) After the county clerk receives the certified list from the lieutenant governor under
147 Subsection (4)(a), the county clerk shall post or publish a primary election notice in
148 substantially the following form:
149 "Notice is given that a primary election will be held Tuesday, June ____,
150 ________(year), to nominate party candidates for the parties and candidates for nonpartisan
151 State Board of Education and local school board positions listed on the primary ballot. The
152 polling place for voting precinct ____ is ____. The polls will open at 7 a.m. and continue open
153 until 8 p.m. of the same day. Attest: county clerk."
154 (5) (a) Candidates, other than presidential candidates, receiving the highest number of
155 votes cast for each office at the regular primary election are nominated by their registered
156 political party for that office or are nominated as a candidate for a nonpartisan local school
157 board position.
158 (b) If two or more candidates, other than presidential candidates, are to be elected to
159 the office at the regular general election, those party candidates equal in number to positions to
160 be filled who receive the highest number of votes at the regular primary election are the
161 nominees of their party for those positions.
162 (c) A candidate who is unopposed for an elective office in the regular primary election
163 of a registered political party is nominated by the party for that office without appearing on the
164 primary ballot. A candidate is "unopposed" if no [
165 has received a certification under Subsection (3) for the regular primary election ballot of the
166 candidate's registered political party for a particular elective office.
167 (6) (a) When a tie vote occurs in any primary election for any national, state, or other
168 office that represents more than one county, the governor, lieutenant governor, and attorney
169 general shall, at a public meeting called by the governor and in the presence of the candidates
170 involved, select the nominee by lot cast in whatever manner the governor determines.
171 (b) When a tie vote occurs in any primary election for any county office, the district
172 court judges of the district in which the county is located shall, at a public meeting called by
173 the judges and in the presence of the candidates involved, select the nominee by lot cast in
174 whatever manner the judges determine.
175 (7) The expense of providing all ballots, blanks, or other supplies to be used at any
176 primary election provided for by this section, and all expenses necessarily incurred in the
177 preparation for or the conduct of that primary election shall be paid out of the treasury of the
178 county or state, in the same manner as for the regular general elections.
179 (8) An individual may not file a declaration of candidacy for a registered political party
180 of which the individual is not a member, except to the extent that the registered political party
181 permits otherwise under the registered political party's bylaws.
182 Section 2. Section 20A-9-405 is amended to read:
183 20A-9-405. Nomination petitions for regular primary elections.
184 (1) This section [
185 petitions for regular primary elections described in Subsection 20A-9-403(3)(a).
186 (2) A candidate for elective office, and the agents of the candidate, may not circulate
187 nomination petitions until the candidate has submitted a declaration of candidacy in accordance
188 with Subsection 20A-9-202(1).
189 (3) The nomination petitions shall be in substantially the following form:
190 (a) the petition shall be printed on paper 8-1/2 inches long and 11 inches wide;
191 (b) the petition shall be ruled with a horizontal line 3/4 inch from the top, with the
192 space above that line blank for purposes of binding;
193 (c) the petition shall be headed by a caption stating the purpose of the petition and the
194 name of the proposed candidate;
195 (d) the petition shall feature the word "Warning" followed by the following statement
196 in no less than eight-point, single leaded type: "It is a class A misdemeanor for anyone to
197 knowingly sign a certificate of nomination signature sheet with any name other than the
198 [
199 individual is not registered to vote in this state and does not intend to become registered to vote
200 in this state before signatures are certified by a filing officer.";
201 (e) the petition shall feature 10 lines spaced one-half inch apart and consecutively
202 numbered one through 10;
203 (f) the signature portion of the petition shall be divided into columns headed by the
204 following titles:
205 (i) Registered Voter's Printed Name;
206 (ii) Signature of Registered Voter;
207 (iii) Party Affiliation of Registered Voter;
208 (iv) Birth Date or Age (Optional);
209 (v) Street Address, City, Zip Code; and
210 (vi) Date of Signature; and
211 (g) a photograph of the candidate may appear on the nomination petition.
212 (4) If one or more nomination petitions are bound together, a page shall be bound to
213 the nomination petition(s) that features the following printed verification statement to be signed
214 and dated by the petition circulator:
215 "Verification
216 State of Utah, County of ____
217 I, ____, of ____, hereby state under that:
218 I am a Utah resident and am at least 18 years old;
219 All the names that appear on the signature sheets bound to this page were, to the best of
220 my knowledge, signed by the [
221 individuals whose names appear on the signature sheets, and each of [
222 signed the [
223 I believe that each has printed and signed the [
224 the [
225 Utah or will register to vote in Utah before the county clerk certifies the signatures on the
226 signature sheet."
227 (5) The lieutenant governor shall prepare and make public model nomination petition
228 forms and associated instructions.
229 (6) A nomination petition circulator must be at least18 years old and a resident of the
230 state, but may affiliate with any political party.
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251 Section 3. Section 20A-9-408 is amended to read:
252 20A-9-408. Signature-gathering process to seek the nomination of a qualified
253 political party.
254 (1) This section describes the requirements for a member of a qualified political party
255 who is seeking the nomination of the qualified political party for an elective office through the
256 signature-gathering process described in this section.
257 (2) Notwithstanding Subsection 20A-9-201(4)(a), the form of the declaration of
258 candidacy for a member of a qualified political party who is nominated by, or who is seeking
259 the nomination of, the qualified political party under this section shall be substantially as
260 described in Section 20A-9-408.5.
261 (3) Notwithstanding Subsection 20A-9-202(1)(a), and except as provided in Subsection
262 20A-9-202(4), a member of a qualified political party who, under this section, is seeking the
263 nomination of the qualified political party for an elective office that is to be filled at the next
264 general election shall:
265 (a) within the period beginning on January 1 before the next regular general election
266 and ending on the third Thursday in March of the same year, and before gathering signatures
267 under this section, file with the filing officer on a form approved by the lieutenant governor a
268 notice of intent to gather signatures for candidacy that includes:
269 (i) the name of the member who will attempt to become a candidate for a registered
270 political party under this section;
271 (ii) the name of the registered political party for which the member is seeking
272 nomination;
273 (iii) the office for which the member is seeking to become a candidate;
274 (iv) the address and telephone number of the member; and
275 (v) other information required by the lieutenant governor;
276 (b) file a declaration of candidacy, in person, with the filing officer on or after the
277 second Friday in March and before 5 p.m. on the third Thursday in March before the next
278 regular general election; and
279 (c) pay the filing fee.
280 (4) Notwithstanding Subsection 20A-9-202(2)(a), a member of a qualified political
281 party who, under this section, is seeking the nomination of the qualified political party for the
282 office of district attorney within a multicounty prosecution district that is to be filled at the next
283 general election shall:
284 (a) on or after January 1 before the next regular general election, and before gathering
285 signatures under this section, file with the filing officer on a form approved by the lieutenant
286 governor a notice of intent to gather signatures for candidacy that includes:
287 (i) the name of the member who will attempt to become a candidate for a registered
288 political party under this section;
289 (ii) the name of the registered political party for which the member is seeking
290 nomination;
291 (iii) the office for which the member is seeking to become a candidate;
292 (iv) the address and telephone number of the member; and
293 (v) other information required by the lieutenant governor;
294 (b) file a declaration of candidacy, in person, with the filing officer on or after the
295 second Friday in March and before 5 p.m. on the third Thursday in March before the next
296 regular general election; and
297 (c) pay the filing fee.
298 (5) Notwithstanding Subsection 20A-9-202(3)(a)(iii), a lieutenant governor candidate
299 who files as the joint-ticket running mate of an individual who is nominated by a qualified
300 political party, under this section, for the office of governor shall submit a letter from the
301 candidate for governor that names the lieutenant governor candidate as a joint-ticket running
302 mate.
303 (6) The lieutenant governor shall ensure that the certification described in Subsection
304 20A-9-701(1) also includes the name of each candidate nominated by a qualified political party
305 under this section.
306 (7) Notwithstanding Subsection 20A-9-701(2), the ballot shall, for each candidate who
307 is nominated by a qualified political party under this section, designate the qualified political
308 party that nominated the candidate.
309 (8) A member of a qualified political party may seek the nomination of the qualified
310 political party for an elective office by:
311 (a) complying with the requirements described in this section; and
312 (b) collecting signatures, on a form approved by the lieutenant governor, during the
313 period beginning on January 1 of an even-numbered year and ending 14 days before the day on
314 which the qualified political party's convention for the office is held, in the following amounts:
315 (i) for a statewide race, 28,000 signatures of registered voters in the state who are
316 permitted by the qualified political party to vote for the qualified political party's candidates in
317 a primary election;
318 (ii) for a congressional district race, 7,000 signatures of registered voters who are
319 residents of the congressional district and are permitted by the qualified political party to vote
320 for the qualified political party's candidates in a primary election;
321 (iii) for a state Senate district race, 2,000 signatures of registered voters who are
322 residents of the state Senate district and are permitted by the qualified political party to vote for
323 the qualified political party's candidates in a primary election;
324 (iv) for a state House district race, 1,000 signatures of registered voters who are
325 residents of the state House district and are permitted by the qualified political party to vote for
326 the qualified political party's candidates in a primary election;
327 (v) for a State Board of Education race, the lesser of:
328 (A) 2,000 signatures of registered voters who are residents of the State Board of
329 Education district and are permitted by the qualified political party to vote for the qualified
330 political party's candidates in a primary election; or
331 (B) 3% of the registered voters of the qualified political party who are residents of the
332 applicable State Board of Education district; and
333 (vi) for a county office race, signatures of 3% of the registered voters who are residents
334 of the area permitted to vote for the county office and are permitted by the qualified political
335 party to vote for the qualified political party's candidates in a primary election.
336 (9) (a) In order for a member of the qualified political party to qualify as a candidate
337 for the qualified political party's nomination for an elective office under this section, the
338 member shall:
339 (i) except as otherwise provided in Section 20A-9-411, collect the signatures on a form
340 approved by the lieutenant governor, using the same circulation and verification requirements
341 described in Sections 20A-7-204 and 20A-7-205; and
342 (ii) submit the signatures to the election officer no later than 14 days before the day on
343 which the qualified political party holds its convention to select candidates, for the elective
344 office, for the qualified political party's nomination.
345 (b) An individual may not gather signatures under this section until after the individual
346 files a notice of intent to gather signatures for candidacy described in this section.
347 (c) An individual who files a notice of intent to gather signatures for candidacy,
348 described in Subsection (3)(a) or (4)(a), is, beginning on the day on which the individual files
349 the notice of intent to gather signatures for candidacy:
350 (i) required to comply with the reporting requirements that a candidate for office is
351 required to comply with; and
352 (ii) subject to the same enforcement provisions, and civil and criminal penalties, that
353 apply to a candidate for office in relation to the reporting requirements described in Subsection
354 (9)(c)(i).
355 (d) Upon timely receipt of the signatures described in Subsections (8) and (9)(a), the
356 election officer shall, no later than one day before the day on which the qualified political party
357 holds the convention to select a nominee for the elective office to which the signature packets
358 relate:
359 (i) check the name of each individual who completes the verification for a signature
360 packet to determine whether each individual is a resident of Utah and is at least 18 years old;
361 (ii) submit the name of each individual described in Subsection (9)(d)(i) who is not a
362 Utah resident or who is not at least 18 years old to the attorney general and the county attorney;
363 (iii) determine whether each signer is a registered voter who is qualified to sign the
364 petition, using the same method, described in Section 20A-7-206.3, used to verify a signature
365 on a petition;
366 (iv) no sooner than February 20, certify whether each name is that of a registered voter
367 who is qualified to sign the signature packet; and
368 (v) notify the qualified political party and the lieutenant governor of the name of each
369 member of the qualified political party who qualifies as a nominee of the qualified political
370 party, under this section, for the elective office to which the convention relates.
371 (e) Upon receipt of a notice of intent to gather signatures for candidacy described in
372 this section, the lieutenant governor shall post the notice of intent to gather signatures for
373 candidacy on the lieutenant governor's website in the same location that the lieutenant governor
374 posts a declaration of candidacy.
375 (10) If a qualified political party restricts, based on party affiliation, the voters who are
376 eligible to vote for the qualified political party's candidates in a primary election, the election
377 officer shall determine a voter's party affiliation, for purposes of determining whether the
378 individual is qualified to sign a nomination petition, based on the declaration of party
379 affiliation made in the voter's most recent voter registration form that was signed by the voter.
380 (11) An individual who collects signatures for a candidate under this section shall,
381 while collecting the signatures, wear or carry a hat, shirt, tag, sign, or other item that contains
382 the following information, plainly visible to an individual from whom the signature gatherer is
383 requesting a signature:
384 (a) the name of each individual on whose behalf the signature gatherer is collecting
385 signatures; and
386 (b) the following information for each individual described in Subsection (11)(a):
387 (i) the party for which the individual is seeking nomination;
388 (ii) the office that the individual is seeking; and
389 (iii) if applicable, the district in which the individual is running for office.
390 Section 4. Section 20A-9-411 is amended to read:
391 20A-9-411. Signing multiple nomination petitions -- Removing signatures --
392 Unlawful conduct.
393 (1) An individual who signs a petition, described in Section 20A-9-403 or 20A-9-408,
394 to nominate a candidate may not sign a petition to nominate another candidate for the same
395 office.
396 (2) If an individual signs more than one petition in violation of Subsection (1), the
397 election officer may only count the signature on the first petition that the election officer
398 reviews for that office.
399 (3) (a) An individual who signs a petition, described in Section 20A-9-403 or
400 20A-9-408, to nominate a candidate may remove the individual's signature from the petition by
401 submitting, to the filing officer who is required to verify the signatures on the petition, a
402 written request that the individual's signature be removed.
403 (b) The filing officer shall comply with a request described in Subsection (3)(a) if the
404 filing officer receives the request before the filing officer verifies the individual's signature.
405 (c) The filing officer may not comply with a request described in Subsection (3)(a) if:
406 (i) the filing officer receives the request after the deadline described in Subsection
407 (3)(b); or
408 (ii) the request does not comply with the requirements of this Subsection (3).
409 (d) The request described in Subsection (3)(a) shall include:
410 (i) the name of the individual;
411 (ii) the resident address at which the individual is registered to vote;
412 (iii) the name of the candidate from whose petition the individual desires the
413 individual's signature to be removed; and
414 (iv) the signature of the individual.
415 (4) An individual is guilty of a class A misdemeanor if the individual knowingly signs
416 a petition, described in Section 20A-9-403 or 20A-9-408:
417 (a) with a name other than the individual's own name; or
418 (b) more than once for the same candidate.
419 (5) An individual is guilty of a class A misdemeanor if at the time that the individual
420 signs a petition, described in Section 20A-9-403 or 20A-9-408, the individual:
421 (a) is not registered to vote in this state; and
422 (b) does not intend to become registered to vote in this state before the deadline for
423 submitting signatures for the petition.
424 (6) An individual who signs the verification for a signature sheet for a petition,
425 described in Section 20A-9-403 or 20A-9-408, is guilty of a class A misdemeanor if the
426 individual:
427 (a) does not meet the residency requirements described in Section 20A-2-105;
428 (b) did not witness the signing by the individuals whose names appear on the signature
429 sheet; or
430 (c) knows that an individual whose signature appears on the signature sheet is not
431 registered to vote in this state and does not intend to become registered to vote in this state.
432 (7) A person is guilty of a class A misdemeanor if the person:
433 (a) pays compensation to an individual to sign a nomination petition, described in
434 Section 20A-9-403 or 20A-9-408; or
435 (b) pays compensation to a person to circulate a nomination petition, if the
436 compensation is based directly on the number of signatures submitted to a filing officer rather
437 than on the number of signatures verified or on some other basis.
438 (8) A person that circulates a nomination petition, described in Section 20A-9-403 or
439 20A-9-408, is guilty of a class A misdemeanor if the person intentionally misrepresents:
440 (a) the purpose of the petition;
441 (b) the name or political party of the candidate to be nominated by the petition;
442 (c) the office for which the candidate is seeking to be nominated by the petition; or
443 (d) that the candidate seeking nomination by the petition is or is not an incumbent of
444 the office for which the candidate is seeking nomination by the petition.
445 (9) An election officer shall impose a $100 civil fine against a candidate if a person
446 who is authorized by the candidate or the candidate's campaign to circulate a nomination
447 petition for the candidate violates Subsection (8) in relation to the nomination petition.