1     
POLITICAL PARTY AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Marc K. Roberts

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to a qualified political party.
10     Highlighted Provisions:
11          This bill:
12          ▸     prohibits a qualified political party candidate from qualifying for the primary
13     election ballot by using both the convention process and the signature-gathering
14     process in the same election.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          20A-9-101, as last amended by Laws of Utah 2016, Chapter 16
22          20A-9-406, as last amended by Laws of Utah 2016, Chapters 16 and 66
23          20A-9-407, as last amended by Laws of Utah 2015, Chapter 296
24          20A-9-408, as last amended by Laws of Utah 2016, Chapter 28
25          20A-9-408.5, as enacted by Laws of Utah 2015, Chapter 296
26     

27     Be it enacted by the Legislature of the state of Utah:

28          Section 1. Section 20A-9-101 is amended to read:
29          20A-9-101. Definitions.
30          As used in this chapter:
31          (1) (a) "Candidates for elective office" means persons who file a declaration of
32     candidacy under Section 20A-9-202 to run in a regular general election for a federal office,
33     constitutional office, multicounty office, or county office.
34          (b) "Candidates for elective office" does not mean candidates for:
35          (i) justice or judge of court of record or not of record;
36          (ii) presidential elector;
37          (iii) any political party offices; and
38          (iv) municipal or local district offices.
39          (2) "Constitutional office" means the state offices of governor, lieutenant governor,
40     attorney general, state auditor, and state treasurer.
41          (3) "Continuing political party" means the same as that term is defined in Section
42     20A-8-101.
43          (4) (a) "County office" means an elective office where the officeholder is selected by
44     voters entirely within one county.
45          (b) "County office" does not mean:
46          (i) the office of justice or judge of any court of record or not of record;
47          (ii) the office of presidential elector;
48          (iii) any political party offices;
49          (iv) any municipal or local district offices; and
50          (v) the office of United States Senator and United States Representative.
51          (5) "Federal office" means an elective office for United States Senator and United
52     States Representative.
53          (6) "Filing officer" means:
54          (a) the lieutenant governor, for:
55          (i) the office of United States Senator and United States Representative; and
56          (ii) all constitutional offices;
57          (b) the county clerk, for county offices and local school district offices, and the county
58     clerk in the filer's county of residence, for multicounty offices;

59          (c) the city or town clerk, for municipal offices; and
60          (d) the local district clerk, for local district offices.
61          (7) "Local district office" means an elected office in a local district.
62          (8) "Local government office" includes county offices, municipal offices, and local
63     district offices and other elective offices selected by the voters from a political division entirely
64     within one county.
65          (9) (a) "Multicounty office" means an elective office where the officeholder is selected
66     by the voters from more than one county.
67          (b) "Multicounty office" does not mean:
68          (i) a county office;
69          (ii) a federal office;
70          (iii) the office of justice or judge of any court of record or not of record;
71          (iv) the office of presidential elector;
72          (v) any political party offices; and
73          (vi) any municipal or local district offices.
74          (10) "Municipal office" means an elective office in a municipality.
75          (11) (a) "Political division" means a geographic unit from which an officeholder is
76     elected and that an officeholder represents.
77          (b) "Political division" includes a county, a city, a town, a local district, a school
78     district, a legislative district, and a county prosecution district.
79          (12) "Qualified political party" means a registered political party that:
80          (a) (i) permits a delegate for the registered political party to vote on a candidate
81     nomination in the registered political party's convention remotely; or
82          (ii) provides a procedure for designating an alternate delegate if a delegate is not
83     present at the registered political party's convention;
84          (b) does not hold the registered political party's convention before the fourth Saturday
85     in March of an even-numbered year;
86          (c) permits a member of the registered political party to seek the registered political
87     party's nomination for any elective office by the member choosing to seek the nomination by
88     [either or both] one of the following methods:
89          (i) seeking the nomination through the registered political party's convention process,

90     in accordance with the provisions of Section 20A-9-407; or
91          (ii) seeking the nomination by collecting signatures, in accordance with the provisions
92     of Section 20A-9-408; and
93          (d) (i) if the registered political party is a continuing political party, no later than 5 p.m.
94     on September 30 of an odd-numbered year, certifies to the lieutenant governor that, for the
95     election in the following year, the registered political party intends to nominate the registered
96     political party's candidates in accordance with the provisions of Section 20A-9-406; or
97          (ii) if the registered political party is not a continuing political party, certifies at the
98     time that the registered political party files the petition described in Section 20A-8-103 that, for
99     the next election, the registered political party intends to nominate the registered political
100     party's candidates in accordance with the provisions of Section 20A-9-406.
101          Section 2. Section 20A-9-406 is amended to read:
102          20A-9-406. Qualified political party -- Requirements and exemptions.
103          The following provisions apply to a qualified political party:
104          (1) the qualified political party shall, no later than 5 p.m. on March 1 of each
105     even-numbered year, certify to the lieutenant governor the identity of one or more registered
106     political parties whose members may vote for the qualified political party's candidates and
107     whether unaffiliated voters may vote for the qualified political party's candidates;
108          (2) the provisions of Subsections 20A-9-403(1) through (4)(a), Subsection
109     20A-9-403(5)(c), and Section 20A-9-405 do not apply to a nomination for the qualified
110     political party;
111          (3) an individual may only seek the nomination of the qualified political party by using
112     a method described in Section 20A-9-407[,] or Section 20A-9-408[, or both];
113          (4) the qualified political party shall comply with the provisions of Sections
114     20A-9-407, 20A-9-408, and 20A-9-409;
115          (5) notwithstanding Subsection 20A-6-301(1)(a), (1)(g), or (2)(a), each election officer
116     shall ensure that a ballot described in Section 20A-6-301 includes each person nominated by a
117     qualified political party:
118          (a) under the qualified political party's name , if any; or
119          (b) under the title of the qualified registered political party as designated by the
120     qualified political party in the certification described in Subsection (1), or, if none is

121     designated, then under some suitable title;
122          (6) notwithstanding Subsection 20A-6-302(1)(a), each election officer shall ensure, for
123     paper ballots in regular general elections, that each candidate who is nominated by the qualified
124     political party is listed by party;
125          (7) notwithstanding Subsection 20A-6-303(1)(d), each election officer shall ensure that
126     the party designation of each candidate who is nominated by the qualified political party is
127     printed immediately adjacent to the candidate's name on ballot sheets or ballot labels;
128          (8) notwithstanding Subsection 20A-6-304(1)(e), each election officer shall ensure that
129     the party designation of each candidate who is nominated by the qualified political party is
130     displayed adjacent to the candidate's name on an electronic ballot;
131          (9) "candidates for elective office," defined in Subsection 20A-9-101(1)(a), also
132     includes an individual who files a declaration of candidacy under Section 20A-9-407 or
133     20A-9-408 to run in a regular general election for a federal office, constitutional office,
134     multicounty office, or county office;
135          (10) an individual who is nominated by, or seeking the nomination of, the qualified
136     political party is not required to comply with Subsection 20A-9-201(1)(c);
137          (11) notwithstanding Subsection 20A-9-403(3), the qualified political party is entitled
138     to have each of the qualified political party's candidates for elective office appear on the
139     primary ballot of the qualified political party with an indication that each candidate is a
140     candidate for the qualified political party;
141          (12) notwithstanding Subsection 20A-9-403(4)(a), the lieutenant governor shall include
142     on the list provided by the lieutenant governor to the county clerks:
143          (a) the names of all candidates of the qualified political party for federal, constitutional,
144     multicounty, and county offices; and
145          (b) the names of unopposed candidates for elective office who have been nominated by
146     the qualified political party and instruct the county clerks to exclude such candidates from the
147     primary-election ballot;
148          (13) notwithstanding Subsection 20A-9-403(5)(c), a candidate who is unopposed for an
149     elective office in the regular primary election of the qualified political party is nominated by
150     the party for that office without appearing on the primary ballot; and
151          (14) notwithstanding the provisions of Subsections 20A-9-403(1) and (2) and Section

152     20A-9-405, the qualified political party is entitled to have the names of its candidates for
153     elective office featured with party affiliation on the ballot at a regular general election.
154          Section 3. Section 20A-9-407 is amended to read:
155          20A-9-407. Convention process to seek the nomination of a qualified political
156     party.
157          (1) This section describes the requirements for a member of a qualified political party
158     who is seeking the nomination of a qualified political party for an elective office through the
159     qualified political party's convention process.
160          (2) Notwithstanding Subsection 20A-9-201(4)(a), the form of the declaration of
161     candidacy for a member of a qualified political party who is nominated by, or who is seeking
162     the nomination of, the qualified political party under this section shall be substantially as
163     described in Section 20A-9-408.5.
164          (3) Notwithstanding Subsection 20A-9-202(1)(a), and except as provided in Subsection
165     20A-9-202(4), a member of a qualified political party who, under this section, is seeking the
166     nomination of the qualified political party for an elective office that is to be filled at the next
167     general election, shall:
168          (a) file a declaration of candidacy in person with the filing officer on or after the
169     second Friday in March and before 5 p.m. on the third Thursday in March before the next
170     regular general election; and
171          (b) pay the filing fee.
172          (4) Notwithstanding Subsection 20A-9-202(2)(a), a member of a qualified political
173     party who, under this section, is seeking the nomination of the qualified political party for the
174     office of district attorney within a multicounty prosecution district that is to be filled at the next
175     general election shall:
176          (a) file a declaration of candidacy with the county clerk designated in the interlocal
177     agreement creating the prosecution district on or after the second Friday in March and before 5
178     p.m. on the third Thursday in March before the next regular general election; and
179          (b) pay the filing fee.
180          (5) Notwithstanding Subsection 20A-9-202(3)(a)(iii), a lieutenant governor candidate
181     who files as the joint-ticket running mate of an individual who is nominated by a qualified
182     political party, under this section, for the office of governor shall submit a letter from the

183     candidate for governor that names the lieutenant governor candidate as a joint-ticket running
184     mate.
185          (6) (a) A qualified political party that nominates a candidate under this section shall
186     certify the name of the candidate to the lieutenant governor before 5 p.m. on the first Monday
187     after the fourth Saturday in April.
188          (b) The lieutenant governor shall ensure that the certification described in Subsection
189     20A-9-701(1) also includes the name of each candidate nominated by a qualified political party
190     under this section.
191          (7) Notwithstanding Subsection 20A-9-701(2), the ballot shall, for each candidate who
192     is nominated by a qualified political party under this section, designate the qualified political
193     party that nominated the candidate.
194          (8) A member of a qualified political party who is seeking the nomination of a
195     qualified political party for an elective office through the qualified political party's convention
196     process may not seek the nomination of the qualified political party under the
197     signature-gathering process described in Section 20A-9-408.
198          Section 4. Section 20A-9-408 is amended to read:
199          20A-9-408. Signature-gathering process to seek the nomination of a qualified
200     political party.
201          (1) This section describes the requirements for a member of a qualified political party
202     who is seeking the nomination of the qualified political party for an elective office through the
203     signature-gathering process described in this section.
204          (2) Notwithstanding Subsection 20A-9-201(4)(a), the form of the declaration of
205     candidacy for a member of a qualified political party who is nominated by, or who is seeking
206     the nomination of, the qualified political party under this section shall be substantially as
207     described in Section 20A-9-408.5.
208          (3) Notwithstanding Subsection 20A-9-202(1)(a), and except as provided in Subsection
209     20A-9-202(4), a member of a qualified political party who, under this section, is seeking the
210     nomination of the qualified political party for an elective office that is to be filled at the next
211     general election shall:
212          (a) within the period beginning on January 1 before the next regular general election
213     and ending on the third Thursday in March of the same year, and before gathering signatures

214     under this section, file with the filing officer on a form approved by the lieutenant governor a
215     notice of intent to gather signatures for candidacy that includes:
216          (i) the name of the member who will attempt to become a candidate for a registered
217     political party under this section;
218          (ii) the name of the registered political party for which the member is seeking
219     nomination;
220          (iii) the office for which the member is seeking to become a candidate;
221          (iv) the address and telephone number of the member; and
222          (v) other information required by the lieutenant governor;
223          (b) file a declaration of candidacy, in person, with the filing officer on or after the
224     second Friday in March and before 5 p.m. on the third Thursday in March before the next
225     regular general election; and
226          (c) pay the filing fee.
227          (4) Notwithstanding Subsection 20A-9-202(2)(a), a member of a qualified political
228     party who, under this section, is seeking the nomination of the qualified political party for the
229     office of district attorney within a multicounty prosecution district that is to be filled at the next
230     general election shall:
231          (a) on or after January 1 before the next regular general election, and before gathering
232     signatures under this section, file with the filing officer on a form approved by the lieutenant
233     governor a notice of intent to gather signatures for candidacy that includes:
234          (i) the name of the member who will attempt to become a candidate for a registered
235     political party under this section;
236          (ii) the name of the registered political party for which the member is seeking
237     nomination;
238          (iii) the office for which the member is seeking to become a candidate;
239          (iv) the address and telephone number of the member; and
240          (v) other information required by the lieutenant governor;
241          (b) file a declaration of candidacy, in person, with the filing officer on or after the
242     second Friday in March and before 5 p.m. on the third Thursday in March before the next
243     regular general election; and
244          (c) pay the filing fee.

245          (5) Notwithstanding Subsection 20A-9-202(3)(a)(iii), a lieutenant governor candidate
246     who files as the joint-ticket running mate of an individual who is nominated by a qualified
247     political party, under this section, for the office of governor shall submit a letter from the
248     candidate for governor that names the lieutenant governor candidate as a joint-ticket running
249     mate.
250          (6) The lieutenant governor shall ensure that the certification described in Subsection
251     20A-9-701(1) also includes the name of each candidate nominated by a qualified political party
252     under this section.
253          (7) Notwithstanding Subsection 20A-9-701(2), the ballot shall, for each candidate who
254     is nominated by a qualified political party under this section, designate the qualified political
255     party that nominated the candidate.
256          (8) A member of a qualified political party may seek the nomination of the qualified
257     political party for an elective office by:
258          (a) complying with the requirements described in this section; and
259          (b) collecting signatures, on a form approved by the lieutenant governor, during the
260     period beginning on January 1 of an even-numbered year and ending 14 days before the day on
261     which the qualified political party's convention for the office is held, in the following amounts:
262          (i) for a statewide race, 28,000 signatures of registered voters in the state who are
263     permitted by the qualified political party to vote for the qualified political party's candidates in
264     a primary election;
265          (ii) for a congressional district race, 7,000 signatures of registered voters who are
266     residents of the congressional district and are permitted by the qualified political party to vote
267     for the qualified political party's candidates in a primary election;
268          (iii) for a state Senate district race, 2,000 signatures of registered voters who are
269     residents of the state Senate district and are permitted by the qualified political party to vote for
270     the qualified political party's candidates in a primary election;
271          (iv) for a state House district race, 1,000 signatures of registered voters who are
272     residents of the state House district and are permitted by the qualified political party to vote for
273     the qualified political party's candidates in a primary election;
274          (v) for a State Board of Education race, the lesser of:
275          (A) 2,000 signatures of registered voters who are residents of the State Board of

276     Education district and are permitted by the qualified political party to vote for the qualified
277     political party's candidates in a primary election; or
278          (B) 3% of the registered voters of the qualified political party who are residents of the
279     applicable State Board of Education district; and
280          (vi) for a county office race, signatures of 3% of the registered voters who are residents
281     of the area permitted to vote for the county office and are permitted by the qualified political
282     party to vote for the qualified political party's candidates in a primary election.
283          (9) (a) In order for a member of the qualified political party to qualify as a candidate
284     for the qualified political party's nomination for an elective office under this section, the
285     member shall:
286          (i) collect the signatures on a form approved by the lieutenant governor, using the same
287     circulation and verification requirements described in Sections 20A-7-204 and 20A-7-205; and
288          (ii) submit the signatures to the election officer no later than 14 days before the day on
289     which the qualified political party holds its convention to select candidates, for the elective
290     office, for the qualified political party's nomination.
291          (b) An individual may not gather signatures under this section until after the individual
292     files a notice of intent to gather signatures for candidacy described in this section.
293          (c) An individual who files a notice of intent to gather signatures for candidacy,
294     described in Subsection (3)(a) or (4)(a), is, beginning on the day on which the individual files
295     the notice of intent to gather signatures for candidacy:
296          (i) required to comply with the reporting requirements that a candidate for office is
297     required to comply with; and
298          (ii) subject to the same enforcement provisions, and civil and criminal penalties, that
299     apply to a candidate for office in relation to the reporting requirements described in Subsection
300     (9)(c)(i).
301          (d) Upon timely receipt of the signatures described in Subsections (8) and (9)(a), the
302     election officer shall, no later than one day before the day on which the qualified political party
303     holds the convention to select a nominee for the elective office to which the signature packets
304     relate:
305          (i) check the name of each individual who completes the verification for a signature
306     packet to determine whether each individual is a resident of Utah and is at least 18 years old;

307          (ii) submit the name of each individual described in Subsection (9)(d)(i) who is not a
308     Utah resident or who is not at least 18 years old to the attorney general and the county attorney;
309          (iii) determine whether each signer is a registered voter who is qualified to sign the
310     petition, using the same method, described in Section 20A-7-206.3, used to verify a signature
311     on a petition;
312          (iv) certify whether each name is that of a registered voter who is qualified to sign the
313     signature packet; and
314          (v) notify the qualified political party and the lieutenant governor of the name of each
315     member of the qualified political party who qualifies as a nominee of the qualified political
316     party, under this section, for the elective office to which the convention relates.
317          (e) Upon receipt of a notice of intent to gather signatures for candidacy described in
318     this section, the lieutenant governor shall post the notice of intent to gather signatures for
319     candidacy on the lieutenant governor's website in the same location that the lieutenant governor
320     posts a declaration of candidacy.
321          (10) A member of a qualified political party who is seeking the nomination of a
322     qualified political party for an elective office through the qualified political party's
323     signature-gathering process may not seek the nomination of the qualified political party under
324     the convention process described in Section 20A-9-407.
325          Section 5. Section 20A-9-408.5 is amended to read:
326          20A-9-408.5. Declaration of candidacy form for qualified political party.
327          The declaration of candidacy form described in Sections 20A-9-407 and 20A-9-408
328     shall:
329          (1) be substantially as follows:
330          "State of Utah, County of ____
331          I, ______________, declare my intention of becoming a candidate for the office of
332     ____ as a candidate for the ____ party. I do solemnly swear that: I will meet the qualifications
333     to hold the office, both legally and constitutionally, if selected; I reside at _____________ in
334     the City or Town of ____, Utah, Zip Code ____, Phone No. ____; I will not knowingly violate
335     any law governing campaigns and elections; I will file all campaign financial disclosure reports
336     as required by law; and I understand that failure to do so will result in my disqualification as a
337     candidate for this office and removal of my name from the ballot. The mailing address that I

338     designate for receiving official election notices is
339     ___________________________________________________________________________
340     ___________________________________________________________________________.
341          Subscribed and sworn before me this __________(month\day\year). Notary Public (or
342     other officer qualified to administer oath).";
343          (2) direct the candidate to state, in the sworn statement described in Subsection (1):
344          (a) the registered political party of which the candidate is a member; or
345          (b) that the candidate is not a member of a registered political party; and
346          (3) direct the candidate to indicate whether the candidate is seeking the nomination
347     using:
348          (a) the convention process described in Section 20A-9-407; or
349          (b) the signature-gathering process described in Section 20A-9-408[; or].
350          [(c) both processes described in Subsections (3)(a) and (b).]






Legislative Review Note
Office of Legislative Research and General Counsel