2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions of the Election Code relating to a regular primary election.
10 Highlighted Provisions:
11 This bill:
12 ▸ shortens the period of time for filing a notice of intent to gather signatures to qualify
13 for placement on the regular primary election ballot.
14 Money Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 This bill provides a special effective date.
18 Utah Code Sections Affected:
19 AMENDS:
20 20A-9-408, as last amended by Laws of Utah 2017, Chapter 91
21
22 Be it enacted by the Legislature of the state of Utah:
23 Section 1. Section 20A-9-408 is amended to read:
24 20A-9-408. Signature-gathering process to seek the nomination of a qualified
25 political party.
26 (1) This section describes the requirements for a member of a qualified political party
27 who is seeking the nomination of the qualified political party for an elective office through the
28 signature-gathering process described in this section.
29 (2) Notwithstanding Subsection 20A-9-201(4)(a), the form of the declaration of
30 candidacy for a member of a qualified political party who is nominated by, or who is seeking
31 the nomination of, the qualified political party under this section shall be substantially as
32 described in Section 20A-9-408.5.
33 (3) Notwithstanding Subsection 20A-9-202(1)(a), and except as provided in Subsection
34 20A-9-202(4), a member of a qualified political party who, under this section, is seeking the
35 nomination of the qualified political party for an elective office that is to be filled at the next
36 general election shall:
37 (a) within the period beginning on [
38
39 even-numbered year and ending on the fifth business day in January of the same year, and
40 before gathering signatures under this section, file with the filing officer on a form approved by
41 the lieutenant governor a notice of intent to gather signatures for candidacy that includes:
42 (i) the name of the member who will attempt to become a candidate for a registered
43 political party under this section;
44 (ii) the name of the registered political party for which the member is seeking
45 nomination;
46 (iii) the office for which the member is seeking to become a candidate;
47 (iv) the address and telephone number of the member; and
48 (v) other information required by the lieutenant governor;
49 (b) file a declaration of candidacy, in person, with the filing officer on or after the
50 second Friday in March and before 5 p.m. on the third Thursday in March before the next
51 regular general election; and
52 (c) pay the filing fee.
53 (4) Notwithstanding Subsection 20A-9-202(2)(a), a member of a qualified political
54 party who, under this section, is seeking the nomination of the qualified political party for the
55 office of district attorney within a multicounty prosecution district that is to be filled at the next
56 general election shall:
57 (a) [
58
59 of an even-numbered year and ending on the fifth business day in January of the same year, file
60 with the filing officer on a form approved by the lieutenant governor a notice of intent to gather
61 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, on or before 5 p.m. on the
76 first Monday after the third Saturday in April, file a declaration of candidacy and submit a letter
77 from the candidate for governor that names the lieutenant governor candidate as a joint-ticket
78 running mate.
79 (6) The lieutenant governor shall ensure that the certification described in Subsection
80 20A-9-701(1) also includes the name of each candidate nominated by a qualified political party
81 under this section.
82 (7) Notwithstanding Subsection 20A-9-701(2), the ballot shall, for each candidate who
83 is nominated by a qualified political party under this section, designate the qualified political
84 party that nominated the candidate.
85 (8) A member of a qualified political party may seek the nomination of the qualified
86 political party for an elective office by:
87 (a) complying with the requirements described in this section; and
88 (b) collecting signatures, on a form approved by the lieutenant governor, during the
89 period beginning on [
90 ending 14 days before the day on which the qualified political party's convention for the office
91 is held, in the following amounts:
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;
104 (v) for a State Board of Education race, the lesser of:
105 (A) 2,000 signatures of registered voters who are residents of the State Board of
106 Education district and are permitted by the qualified political party to vote for the qualified
107 political party's candidates in a primary election; or
108 (B) 3% of the registered voters of the qualified political party who are residents of the
109 applicable State Board of Education district; and
110 (vi) for a county office race, signatures of 3% of the registered voters who are residents
111 of the area permitted to vote for the county office and are permitted by the qualified political
112 party to vote for the qualified political party's candidates in a primary election.
113 (9) (a) In order for a member of the qualified political party to qualify as a candidate
114 for the qualified political party's nomination for an elective office under this section, the
115 member shall:
116 (i) collect the signatures on a form approved by the lieutenant governor, using the same
117 circulation and verification requirements described in Sections 20A-7-204 and 20A-7-205; and
118 (ii) submit the signatures to the election officer no later than 14 days before the day on
119 which the qualified political party holds its convention to select candidates, for the elective
120 office, for the qualified political party's nomination.
121 (b) An individual may not gather signatures under this section until after the individual
122 files a notice of intent to gather signatures for candidacy described in this section.
123 (c) An individual who files a notice of intent to gather signatures for candidacy,
124 described in Subsection (3)(a) or (4)(a), is, beginning on the day on which the individual files
125 the notice of intent to gather signatures for candidacy:
126 (i) required to comply with the reporting requirements that a candidate for office is
127 required to comply with; and
128 (ii) subject to the same enforcement provisions, and civil and criminal penalties, that
129 apply to a candidate for office in relation to the reporting requirements described in Subsection
130 (9)(c)(i).
131 (d) Upon timely receipt of the signatures described in Subsections (8) and (9)(a), the
132 election officer shall, no later than one day before the day on which the qualified political party
133 holds the convention to select a nominee for the elective office to which the signature packets
134 relate:
135 (i) check the name of each individual who completes the verification for a signature
136 packet to determine whether each individual is a resident of Utah and is at least 18 years old;
137 (ii) submit the name of each individual described in Subsection (9)(d)(i) who is not a
138 Utah resident or who is not at least 18 years old to the attorney general and the county attorney;
139 (iii) determine whether each signer is a registered voter who is qualified to sign the
140 petition, using the same method, described in Section 20A-7-206.3, used to verify a signature
141 on a petition;
142 (iv) certify whether each name is that of a registered voter who is qualified to sign the
143 signature packet; and
144 (v) notify the qualified political party and the lieutenant governor of the name of each
145 member of the qualified political party who qualifies as a nominee of the qualified political
146 party, under this section, for the elective office to which the convention relates.
147 (e) Upon receipt of a notice of intent to gather signatures for candidacy described in
148 this section, the lieutenant governor shall post the notice of intent to gather signatures for
149 candidacy on the lieutenant governor's website in the same location that the lieutenant governor
150 posts a declaration of candidacy.
151 Section 2. Effective date.
152 This bill takes effect on January 1, 2019.
Legislative Review Note
Office of Legislative Research and General Counsel