Representative Justin L. Fawson proposes the following substitute bill:


1     
ELECTION LAW AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Curtis S. Bramble

5     
House Sponsor: Daniel McCay

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions of the Election Code.
10     Highlighted Provisions:
11          This bill:
12          ▸     permits a qualified political party to choose whether an individual may seek the
13     nomination of the qualified political party by the individual choosing:
14               •     to seek the nomination through the convention process, the signature
15     gathering-process, or both; or
16               •     to seek the nomination through the convention process or the
17     signature-gathering process, but not both; and
18          ▸     shortens the period for filing a notice of intent to gather signatures to qualify for
19     placement on the regular primary election ballot.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          None
24     Utah Code Sections Affected:
25     AMENDS:

26          20A-9-101, as last amended by Laws of Utah 2016, Chapter 16
27          20A-9-406, as last amended by Laws of Utah 2016, Chapters 16 and 66
28          20A-9-407, as last amended by Laws of Utah 2015, Chapter 296
29          20A-9-408, as last amended by Laws of Utah 2016, Chapter 28
30          20A-9-408.5, as enacted by Laws of Utah 2015, Chapter 296
31     

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

57     States Representative.
58          (6) "Filing officer" means:
59          (a) the lieutenant governor, for:
60          (i) the office of United States Senator and United States Representative; and
61          (ii) all constitutional offices;
62          (b) the county clerk, for county offices and local school district offices, and the county
63     clerk in the filer's county of residence, for multicounty offices;
64          (c) the city or town clerk, for municipal offices; and
65          (d) the local district clerk, for local district offices.
66          (7) "Local district office" means an elected office in a local district.
67          (8) "Local government office" includes county offices, municipal offices, and local
68     district offices and other elective offices selected by the voters from a political division entirely
69     within one county.
70          (9) (a) "Multicounty office" means an elective office where the officeholder is selected
71     by the voters from more than one county.
72          (b) "Multicounty office" does not mean:
73          (i) a county office;
74          (ii) a federal office;
75          (iii) the office of justice or judge of any court of record or not of record;
76          (iv) the office of presidential elector;
77          (v) any political party offices; and
78          (vi) any municipal or local district offices.
79          (10) "Municipal office" means an elective office in a municipality.
80          (11) (a) "Political division" means a geographic unit from which an officeholder is
81     elected and that an officeholder represents.
82          (b) "Political division" includes a county, a city, a town, a local district, a school
83     district, a legislative district, and a county prosecution district.
84          (12) "Qualified political party" means a registered political party that:
85          (a) (i) permits a delegate for the registered political party to vote on a candidate
86     nomination in the registered political party's convention remotely; or
87          (ii) provides a procedure for designating an alternate delegate if a delegate is not

88     present at the registered political party's convention;
89          (b) does not hold the registered political party's convention before the fourth Saturday
90     in March of an even-numbered year;
91          (c) permits a member of the registered political party to seek the registered political
92     party's nomination for any elective office by:
93          (i) if the registered political party gives the notice described in Subsection
94     20A-9-406(15)(a), the member choosing to seek the nomination by either or both of the
95     following methods:
96          [(i)] (A) seeking the nomination through the registered political party's convention
97     process, in accordance with the provisions of Section 20A-9-407; or
98          [(ii)] (B) seeking the nomination by collecting signatures, in accordance with the
99     provisions of Section 20A-9-408; [and] or
100          (ii) if the registered political party gives the notice described in Subsection 20A-9-
101     406(15)(b), the member choosing to seek the nomination by one of the following methods:
102          (A) seeking the nomination through the registered political party's convention process,
103     in accordance with the provisions of Section 20A-9-407; or
104          (B) seeking the nomination by collecting signatures, in accordance with the provisions
105     of Section 20A-9-408;
106          (d) (i) if the registered political party is a continuing political party, no later than 5 p.m.
107     on September 30 of an odd-numbered year, certifies to the lieutenant governor that, for the
108     election in the following year, the registered political party intends to nominate the registered
109     political party's candidates in accordance with the provisions of Section 20A-9-406; or
110          (ii) if the registered political party is not a continuing political party, certifies at the
111     time that the registered political party files the petition described in Section 20A-8-103 that, for
112     the next election, the registered political party intends to nominate the registered political
113     party's candidates in accordance with the provisions of Section 20A-9-406[.]; and
114          (e) complies with Subsection 20A-9-406(15).
115          Section 2. Section 20A-9-406 is amended to read:
116          20A-9-406. Qualified political party -- Requirements and exemptions.
117          The following provisions apply to a qualified political party:
118          (1) the qualified political party shall, no later than 5 p.m. on March 1 of each

119     even-numbered year, certify to the lieutenant governor the identity of one or more registered
120     political parties whose members may vote for the qualified political party's candidates and
121     whether unaffiliated voters may vote for the qualified political party's candidates;
122          (2) the provisions of Subsections 20A-9-403(1) through (4)(a), Subsection
123     20A-9-403(5)(c), and Section 20A-9-405 do not apply to a nomination for the qualified
124     political party;
125          (3) (a) if the registered political party gives the notice described in Subsection
126     20A-9-406(15)(a), an individual may only seek the nomination of the qualified political party
127     by using a method described in Section 20A-9-407, Section 20A-9-408, or both; or
128          (b) if the registered political party gives the notice described in Subsection 20A-9-
129     406(15)(b), an individual may only seek the nomination of the qualified political party by using
130     the method described in Section 20A-9-407 or Section 20A-9-408;
131          (4) the qualified political party shall comply with the provisions of Sections
132     20A-9-407, 20A-9-408, and 20A-9-409;
133          (5) notwithstanding Subsection 20A-6-301(1)(a), (1)(g), or (2)(a), each election officer
134     shall ensure that a ballot described in Section 20A-6-301 includes each person nominated by a
135     qualified political party:
136          (a) under the qualified political party's name , if any; or
137          (b) under the title of the qualified registered political party as designated by the
138     qualified political party in the certification described in Subsection (1), or, if none is
139     designated, then under some suitable title;
140          (6) notwithstanding Subsection 20A-6-302(1)(a), each election officer shall ensure, for
141     paper ballots in regular general elections, that each candidate who is nominated by the qualified
142     political party is listed by party;
143          (7) notwithstanding Subsection 20A-6-303(1)(d), each election officer shall ensure that
144     the party designation of each candidate who is nominated by the qualified political party is
145     printed immediately adjacent to the candidate's name on ballot sheets or ballot labels;
146          (8) notwithstanding Subsection 20A-6-304(1)(e), each election officer shall ensure that
147     the party designation of each candidate who is nominated by the qualified political party is
148     displayed adjacent to the candidate's name on an electronic ballot;
149          (9) "candidates for elective office," defined in Subsection 20A-9-101(1)(a), also

150     includes an individual who files a declaration of candidacy under Section 20A-9-407 or
151     20A-9-408 to run in a regular general election for a federal office, constitutional office,
152     multicounty office, or county office;
153          (10) an individual who is nominated by, or seeking the nomination of, the qualified
154     political party is not required to comply with Subsection 20A-9-201(1)(c);
155          (11) notwithstanding Subsection 20A-9-403(3), the qualified political party is entitled
156     to have each of the qualified political party's candidates for elective office appear on the
157     primary ballot of the qualified political party with an indication that each candidate is a
158     candidate for the qualified political party;
159          (12) notwithstanding Subsection 20A-9-403(4)(a), the lieutenant governor shall include
160     on the list provided by the lieutenant governor to the county clerks:
161          (a) the names of all candidates of the qualified political party for federal, constitutional,
162     multicounty, and county offices; and
163          (b) the names of unopposed candidates for elective office who have been nominated by
164     the qualified political party and instruct the county clerks to exclude such candidates from the
165     primary-election ballot;
166          (13) notwithstanding Subsection 20A-9-403(5)(c), a candidate who is unopposed for an
167     elective office in the regular primary election of the qualified political party is nominated by
168     the party for that office without appearing on the primary ballot; [and]
169          (14) notwithstanding the provisions of Subsections 20A-9-403(1) and (2) and Section
170     20A-9-405, the qualified political party is entitled to have the names of its candidates for
171     elective office featured with party affiliation on the ballot at a regular general election[.]; and
172          (15) a registered political party that provides the certification described in Subsection
173     20A-9-101(12)(d) shall, in the certification, give notice of one of the following:
174          (a) that an individual may only seek the nomination of the registered political party by
175     the individual choosing to use the method described in Section 20A-9-407, Section 20A-9-408,
176     or both methods; or
177          (b) that an individual may only seek the nomination of the registered political party by
178     the individual choosing to use the method described in Section 20A-9-407 or Section
179     20A-9-408, but not both methods.
180          Section 3. Section 20A-9-407 is amended to read:

181          20A-9-407. Convention process to seek the nomination of a qualified political
182     party.
183          (1) This section describes the requirements for a member of a qualified political party
184     who is seeking the nomination of a qualified political party for an elective office through the
185     qualified political party's convention process.
186          (2) Notwithstanding Subsection 20A-9-201(4)(a), the form of the declaration of
187     candidacy for a member of a qualified political party who is nominated by, or who is seeking
188     the nomination of, the qualified political party under this section shall be substantially as
189     described in Section 20A-9-408.5.
190          (3) Notwithstanding Subsection 20A-9-202(1)(a), and except as provided in Subsection
191     20A-9-202(4), a member of a qualified political party who, under this section, is seeking the
192     nomination of the qualified political party for an elective office that is to be filled at the next
193     general election, shall:
194          (a) file a declaration of candidacy in person with the filing officer on or after the
195     second Friday in March and before 5 p.m. on the third Thursday in March before the next
196     regular general election; and
197          (b) pay the filing fee.
198          (4) Notwithstanding Subsection 20A-9-202(2)(a), a member of a qualified political
199     party who, under this section, is seeking the nomination of the qualified political party for the
200     office of district attorney within a multicounty prosecution district that is to be filled at the next
201     general election shall:
202          (a) file a declaration of candidacy with the county clerk designated in the interlocal
203     agreement creating the prosecution district on or after the second Friday in March and before 5
204     p.m. on the third Thursday in March before the next regular general election; and
205          (b) pay the filing fee.
206          (5) Notwithstanding Subsection 20A-9-202(3)(a)(iii), a lieutenant governor candidate
207     who files as the joint-ticket running mate of an individual who is nominated by a qualified
208     political party, under this section, for the office of governor shall submit a letter from the
209     candidate for governor that names the lieutenant governor candidate as a joint-ticket running
210     mate.
211          (6) (a) A qualified political party that nominates a candidate under this section shall

212     certify the name of the candidate to the lieutenant governor before 5 p.m. on the first Monday
213     after the fourth Saturday in April.
214          (b) The lieutenant governor shall ensure that the certification described in Subsection
215     20A-9-701(1) also includes the name of each candidate nominated by a qualified political party
216     under this section.
217          (7) Notwithstanding Subsection 20A-9-701(2), the ballot shall, for each candidate who
218     is nominated by a qualified political party under this section, designate the qualified political
219     party that nominated the candidate.
220          (8) If a qualified political party gives the notice described in Subsection 20A-9-
221     406(15)(b), a member of the qualified political party who is seeking the nomination of the
222     qualified political party for an elective office through the qualified political party's convention
223     process may not seek the nomination of the qualified political party under the
224     signature-gathering process described in Section 20A-9-408.
225          Section 4. Section 20A-9-408 is amended to read:
226          20A-9-408. Signature-gathering process to seek the nomination of a qualified
227     political party.
228          (1) This section describes the requirements for a member of a qualified political party
229     who is seeking the nomination of the qualified political party for an elective office through the
230     signature-gathering process described in this section.
231          (2) Notwithstanding Subsection 20A-9-201(4)(a), the form of the declaration of
232     candidacy for a member of a qualified political party who is nominated by, or who is seeking
233     the nomination of, the qualified political party under this section shall be substantially as
234     described in Section 20A-9-408.5.
235          (3) Notwithstanding Subsection 20A-9-202(1)(a), and except as provided in Subsection
236     20A-9-202(4), a member of a qualified political party who, under this section, is seeking the
237     nomination of the qualified political party for an elective office that is to be filled at the next
238     general election shall:
239          (a) within the period beginning on [January 1 before the next regular general election
240     and ending on the third Thursday in March] the first business day in January of an
241     even-numbered year and ending on the fifth business day in January of the same year, and
242     before gathering signatures under this section, file with the filing officer on a form approved by

243     the lieutenant governor a notice of intent to gather signatures for candidacy that includes:
244          (i) the name of the member who will attempt to become a candidate for a registered
245     political party under this section;
246          (ii) the name of the registered political party for which the member is seeking
247     nomination;
248          (iii) the office for which the member is seeking to become a candidate;
249          (iv) the address and telephone number of the member; and
250          (v) other information required by the lieutenant governor;
251          (b) file a declaration of candidacy, in person, with the filing officer on or after the
252     second Friday in March and before 5 p.m. on the third Thursday in March before the next
253     regular general election; and
254          (c) pay the filing fee.
255          (4) Notwithstanding Subsection 20A-9-202(2)(a), a member of a qualified political
256     party who, under this section, is seeking the nomination of the qualified political party for the
257     office of district attorney within a multicounty prosecution district that is to be filled at the next
258     general election shall:
259          (a) [on or after January 1 before the next regular general election, and before gathering
260     signatures under this section] within the period beginning on the first business day in January
261     of an even-numbered year and ending on the fifth business day in January of the same year, file
262     with the filing officer on a form approved by the lieutenant governor a notice of intent to gather
263     signatures for candidacy that includes:
264          (i) the name of the member who will attempt to become a candidate for a registered
265     political party under this section;
266          (ii) the name of the registered political party for which the member is seeking
267     nomination;
268          (iii) the office for which the member is seeking to become a candidate;
269          (iv) the address and telephone number of the member; and
270          (v) other information required by the lieutenant governor;
271          (b) file a declaration of candidacy, in person, with the filing officer on or after the
272     second Friday in March and before 5 p.m. on the third Thursday in March before the next
273     regular general election; and

274          (c) pay the filing fee.
275          (5) Notwithstanding Subsection 20A-9-202(3)(a)(iii), a lieutenant governor candidate
276     who files as the joint-ticket running mate of an individual who is nominated by a qualified
277     political party, under this section, for the office of governor shall submit a letter from the
278     candidate for governor that names the lieutenant governor candidate as a joint-ticket running
279     mate.
280          (6) The lieutenant governor shall ensure that the certification described in Subsection
281     20A-9-701(1) also includes the name of each candidate nominated by a qualified political party
282     under this section.
283          (7) Notwithstanding Subsection 20A-9-701(2), the ballot shall, for each candidate who
284     is nominated by a qualified political party under this section, designate the qualified political
285     party that nominated the candidate.
286          (8) A member of a qualified political party may seek the nomination of the qualified
287     political party for an elective office by:
288          (a) complying with the requirements described in this section; and
289          (b) collecting signatures, on a form approved by the lieutenant governor, during the
290     period beginning on [January 1] the first business day in January of an even-numbered year and
291     ending 14 days before the day on which the qualified political party's convention for the office
292     is held, in the following amounts:
293          (i) for a statewide race, 28,000 signatures of registered voters in the state who are
294     permitted by the qualified political party to vote for the qualified political party's candidates in
295     a primary election;
296          (ii) for a congressional district race, 7,000 signatures of registered voters who are
297     residents of the congressional district and are permitted by the qualified political party to vote
298     for the qualified political party's candidates in a primary election;
299          (iii) for a state Senate district race, 2,000 signatures of registered voters who are
300     residents of the state Senate district and are permitted by the qualified political party to vote for
301     the qualified political party's candidates in a primary election;
302          (iv) for a state House district race, 1,000 signatures of registered voters who are
303     residents of the state House district and are permitted by the qualified political party to vote for
304     the qualified political party's candidates in a primary election;

305          (v) for a State Board of Education race, the lesser of:
306          (A) 2,000 signatures of registered voters who are residents of the State Board of
307     Education district and are permitted by the qualified political party to vote for the qualified
308     political party's candidates in a primary election; or
309          (B) 3% of the registered voters of the qualified political party who are residents of the
310     applicable State Board of Education district; and
311          (vi) for a county office race, signatures of 3% of the registered voters who are residents
312     of the area permitted to vote for the county office and are permitted by the qualified political
313     party to vote for the qualified political party's candidates in a primary election.
314          (9) (a) In order for a member of the qualified political party to qualify as a candidate
315     for the qualified political party's nomination for an elective office under this section, the
316     member shall:
317          (i) collect the signatures on a form approved by the lieutenant governor, using the same
318     circulation and verification requirements described in Sections 20A-7-204 and 20A-7-205; and
319          (ii) submit the signatures to the election officer no later than 14 days before the day on
320     which the qualified political party holds its convention to select candidates, for the elective
321     office, for the qualified political party's nomination.
322          (b) An individual may not gather signatures under this section until after the individual
323     files a notice of intent to gather signatures for candidacy described in this section.
324          (c) An individual who files a notice of intent to gather signatures for candidacy,
325     described in Subsection (3)(a) or (4)(a), is, beginning on the day on which the individual files
326     the notice of intent to gather signatures for candidacy:
327          (i) required to comply with the reporting requirements that a candidate for office is
328     required to comply with; and
329          (ii) subject to the same enforcement provisions, and civil and criminal penalties, that
330     apply to a candidate for office in relation to the reporting requirements described in Subsection
331     (9)(c)(i).
332          (d) Upon timely receipt of the signatures described in Subsections (8) and (9)(a), the
333     election officer shall, no later than one day before the day on which the qualified political party
334     holds the convention to select a nominee for the elective office to which the signature packets
335     relate:

336          (i) check the name of each individual who completes the verification for a signature
337     packet to determine whether each individual is a resident of Utah and is at least 18 years old;
338          (ii) submit the name of each individual described in Subsection (9)(d)(i) who is not a
339     Utah resident or who is not at least 18 years old to the attorney general and the county attorney;
340          (iii) determine whether each signer is a registered voter who is qualified to sign the
341     petition, using the same method, described in Section 20A-7-206.3, used to verify a signature
342     on a petition;
343          (iv) certify whether each name is that of a registered voter who is qualified to sign the
344     signature packet; and
345          (v) notify the qualified political party and the lieutenant governor of the name of each
346     member of the qualified political party who qualifies as a nominee of the qualified political
347     party, under this section, for the elective office to which the convention relates.
348          (e) Upon receipt of a notice of intent to gather signatures for candidacy described in
349     this section, the lieutenant governor shall post the notice of intent to gather signatures for
350     candidacy on the lieutenant governor's website in the same location that the lieutenant governor
351     posts a declaration of candidacy.
352          (10) If a qualified political party gives the notice described in Subsection 20A-9-
353     406(15)(b), a member of the qualified political party who is seeking the nomination of the
354     qualified political party for an elective office through the qualified political party's
355     signature-gathering process may not seek the nomination of the qualified political party under
356     the convention process described in Section 20A-9-407.
357          Section 5. Section 20A-9-408.5 is amended to read:
358          20A-9-408.5. Declaration of candidacy form for qualified political party.
359          The declaration of candidacy form described in Sections 20A-9-407 and 20A-9-408
360     shall:
361          (1) be substantially as follows:
362          "State of Utah, County of ____
363          I, ______________, declare my intention of becoming a candidate for the office of
364     ____ as a candidate for the ____ party. I do solemnly swear that: I will meet the qualifications
365     to hold the office, both legally and constitutionally, if selected; I reside at _____________ in
366     the City or Town of ____, Utah, Zip Code ____, Phone No. ____; I will not knowingly violate

367     any law governing campaigns and elections; I will file all campaign financial disclosure reports
368     as required by law; and I understand that failure to do so will result in my disqualification as a
369     candidate for this office and removal of my name from the ballot. The mailing address that I
370     designate for receiving official election notices is
371     ___________________________________________________________________________
372     ___________________________________________________________________________.
373          Subscribed and sworn before me this __________(month\day\year). Notary Public (or
374     other officer qualified to administer oath).";
375          (2) direct the candidate to state, in the sworn statement described in Subsection (1):
376          (a) the registered political party of which the candidate is a member; or
377          (b) that the candidate is not a member of a registered political party; and
378          (3) (a) if the registered political party gives the notice described in Subsection
379     20A-9-406(15)(a), direct the candidate to indicate whether the candidate is seeking the
380     nomination using:
381          [(a)] (i) the convention process described in Section 20A-9-407;
382          [(b)] (ii) the signature-gathering process described in Section 20A-9-408; or
383          [(c)] (iii) both processes described in Subsections (3)(a) and (b)[.]; or
384          (b) if the registered political party gives the notice described in Subsection 20A-9-
385     406(15)(b), direct the candidate to indicate whether the candidate is seeking the nomination
386     using:
387          (i) the convention process described in Section 20A-9-407; or
388          (ii) the signature-gathering process described in Section 20A-9-408.