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7 LONG TITLE
8 General Description:
9 This bill changes the primary election to June 30, for the year 2020 only, and changes
10 related dates accordingly.
11 Highlighted Provisions:
12 This bill:
13 ▸ changes the primary election to June 30, for the year 2020 only, and changes related
14 dates accordingly; and
15 ▸ makes technical and conforming changes.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 This bill provides a special effective date.
20 Utah Code Sections Affected:
21 AMENDS:
22 20A-1-102, as last amended by Laws of Utah 2019, Chapter 433
23 20A-1-201.5, as last amended by Laws of Utah 2019, Chapter 433
24 20A-1-204, as last amended by Laws of Utah 2019, Chapter 433
25 20A-1-503, as last amended by Laws of Utah 2019, Chapter 255
26 20A-9-201 (Superseded 01/01/20), as last amended by Laws of Utah 2019, Chapters
27 266, 279, and 433
28 20A-9-201 (Effective 01/01/20), as last amended by Laws of Utah 2019, Chapters 258,
29 266, 279, and 433
30 20A-9-202, as last amended by Laws of Utah 2019, Chapter 255
31 20A-9-403, as last amended by Laws of Utah 2019, Chapters 210 and 433
32 20A-9-407, as last amended by Laws of Utah 2019, Chapter 255
33 20A-9-408, as last amended by Laws of Utah 2019, Chapters 210 and 255
34 20A-9-409, as last amended by Laws of Utah 2018, Chapter 68
35 63I-2-220, as last amended by Laws of Utah 2019, Chapters 136, 203, 255, and 305
36
37 Be it enacted by the Legislature of the state of Utah:
38 Section 1. Section 20A-1-102 is amended to read:
39 20A-1-102. Definitions.
40 As used in this title:
41 (1) "Active voter" means a registered voter who has not been classified as an inactive
42 voter by the county clerk.
43 (2) "Automatic tabulating equipment" means apparatus that automatically examines
44 and counts votes recorded on paper ballots or ballot sheets and tabulates the results.
45 (3) (a) "Ballot" means the storage medium, whether paper, mechanical, or electronic,
46 upon which a voter records the voter's votes.
47 (b) "Ballot" includes ballot sheets, paper ballots, electronic ballots, and secrecy
48 envelopes.
49 (4) "Ballot label" means the cards, papers, booklet, pages, or other materials that:
50 (a) contain the names of offices and candidates and statements of ballot propositions to
51 be voted on; and
52 (b) are used in conjunction with ballot sheets that do not display that information.
53 (5) "Ballot proposition" means a question, issue, or proposal that is submitted to voters
54 on the ballot for their approval or rejection including:
55 (a) an opinion question specifically authorized by the Legislature;
56 (b) a constitutional amendment;
57 (c) an initiative;
58 (d) a referendum;
59 (e) a bond proposition;
60 (f) a judicial retention question;
61 (g) an incorporation of a city or town; or
62 (h) any other ballot question specifically authorized by the Legislature.
63 (6) "Ballot sheet":
64 (a) means a ballot that:
65 (i) consists of paper or a card where the voter's votes are marked or recorded; and
66 (ii) can be counted using automatic tabulating equipment; and
67 (b) includes punch card ballots and other ballots that are machine-countable.
68 (7) "Bind," "binding," or "bound" means securing more than one piece of paper
69 together with a staple or stitch in at least three places across the top of the paper in the blank
70 space reserved for securing the paper.
71 (8) "Board of canvassers" means the entities established by Sections 20A-4-301 and
72 20A-4-306 to canvass election returns.
73 (9) "Bond election" means an election held for the purpose of approving or rejecting
74 the proposed issuance of bonds by a government entity.
75 (10) "Book voter registration form" means voter registration forms contained in a
76 bound book that are used by election officers and registration agents to register persons to vote.
77 (11) "Business reply mail envelope" means an envelope that may be mailed free of
78 charge by the sender.
79 (12) "By-mail voter registration form" means a voter registration form designed to be
80 completed by the voter and mailed to the election officer.
81 (13) "Canvass" means the review of election returns and the official declaration of
82 election results by the board of canvassers.
83 (14) "Canvassing judge" means a poll worker designated to assist in counting ballots at
84 the canvass.
85 (15) "Contracting election officer" means an election officer who enters into a contract
86 or interlocal agreement with a provider election officer.
87 (16) "Convention" means the political party convention at which party officers and
88 delegates are selected.
89 (17) "Counting center" means one or more locations selected by the election officer in
90 charge of the election for the automatic counting of ballots.
91 (18) "Counting judge" means a poll worker designated to count the ballots during
92 election day.
93 (19) "Counting room" means a suitable and convenient private place or room,
94 immediately adjoining the place where the election is being held, for use by the poll workers
95 and counting judges to count ballots during election day.
96 (20) "County officers" means those county officers that are required by law to be
97 elected.
98 (21) "Date of the election" or "election day" or "day of the election":
99 (a) means the day that is specified in the calendar year as the day that the election
100 occurs; and
101 (b) does not include:
102 (i) deadlines established for absentee voting; or
103 (ii) any early voting or early voting period as provided under Chapter 3, Part 6, Early
104 Voting.
105 (22) "Elected official" means:
106 (a) a person elected to an office under Section 20A-1-303 or Chapter [
107 Election Offenses - Generally;
108 (b) a person who is considered to be elected to a municipal office in accordance with
109 Subsection 20A-1-206(1)(c)(ii); or
110 (c) a person who is considered to be elected to a local district office in accordance with
111 Subsection 20A-1-206(3)(c)(ii).
112 (23) "Election" means a regular general election, a municipal general election, a
113 statewide special election, a local special election, a regular primary election, a municipal
114 primary election, and a local district election.
115 (24) "Election Assistance Commission" means the commission established by the Help
116 America Vote Act of 2002, Pub. L. No. 107-252.
117 (25) "Election cycle" means the period beginning on the first day persons are eligible to
118 file declarations of candidacy and ending when the canvass is completed.
119 (26) "Election judge" means a poll worker that is assigned to:
120 (a) preside over other poll workers at a polling place;
121 (b) act as the presiding election judge; or
122 (c) serve as a canvassing judge, counting judge, or receiving judge.
123 (27) "Election officer" means:
124 (a) the lieutenant governor, for all statewide ballots and elections;
125 (b) the county clerk for:
126 (i) a county ballot and election; and
127 (ii) a ballot and election as a provider election officer as provided in Section
128 20A-5-400.1 or 20A-5-400.5;
129 (c) the municipal clerk for:
130 (i) a municipal ballot and election; and
131 (ii) a ballot and election as a provider election officer as provided in Section
132 20A-5-400.1 or 20A-5-400.5;
133 (d) the local district clerk or chief executive officer for:
134 (i) a local district ballot and election; and
135 (ii) a ballot and election as a provider election officer as provided in Section
136 20A-5-400.1 or 20A-5-400.5; or
137 (e) the business administrator or superintendent of a school district for:
138 (i) a school district ballot and election; and
139 (ii) a ballot and election as a provider election officer as provided in Section
140 20A-5-400.1 or 20A-5-400.5.
141 (28) "Election official" means any election officer, election judge, or poll worker.
142 (29) "Election results" means:
143 (a) for an election other than a bond election, the count of votes cast in the election and
144 the election returns requested by the board of canvassers; or
145 (b) for bond elections, the count of those votes cast for and against the bond
146 proposition plus any or all of the election returns that the board of canvassers may request.
147 (30) "Election returns" includes the pollbook, the military and overseas absentee voter
148 registration and voting certificates, one of the tally sheets, any unprocessed absentee ballots, all
149 counted ballots, all excess ballots, all unused ballots, all spoiled ballots, the ballot disposition
150 form, and the total votes cast form.
151 (31) "Electronic ballot" means a ballot that is recorded using a direct electronic voting
152 device or other voting device that records and stores ballot information by electronic means.
153 (32) "Electronic signature" means an electronic sound, symbol, or process attached to
154 or logically associated with a record and executed or adopted by a person with the intent to sign
155 the record.
156 (33) (a) "Electronic voting device" means a voting device that uses electronic ballots.
157 (b) "Electronic voting device" includes a direct recording electronic voting device.
158 (34) "Inactive voter" means a registered voter who is listed as inactive by a county
159 clerk under Subsection 20A-2-306(4)(c)(i) or (ii).
160 (35) "Judicial office" means the office filled by any judicial officer.
161 (36) "Judicial officer" means any justice or judge of a court of record or any county
162 court judge.
163 (37) "Local district" means a local government entity under Title 17B, Limited Purpose
164 Local Government Entities - Local Districts, and includes a special service district under Title
165 17D, Chapter 1, Special Service District Act.
166 (38) "Local district officers" means those local district board members that are required
167 by law to be elected.
168 (39) "Local election" means a regular county election, a regular municipal election, a
169 municipal primary election, a local special election, a local district election, and a bond
170 election.
171 (40) "Local political subdivision" means a county, a municipality, a local district, or a
172 local school district.
173 (41) "Local special election" means a special election called by the governing body of a
174 local political subdivision in which all registered voters of the local political subdivision may
175 vote.
176 (42) "Municipal executive" means:
177 (a) the mayor in the council-mayor form of government defined in Section 10-3b-102;
178 (b) the mayor in the council-manager form of government defined in Subsection
179 10-3b-103(7); or
180 (c) the chair of a metro township form of government defined in Section 10-3b-102.
181 (43) "Municipal general election" means the election held in municipalities and, as
182 applicable, local districts on the first Tuesday after the first Monday in November of each
183 odd-numbered year for the purposes established in Section 20A-1-202.
184 (44) "Municipal legislative body" means:
185 (a) the council of the city or town in any form of municipal government; or
186 (b) the council of a metro township.
187 (45) "Municipal office" means an elective office in a municipality.
188 (46) "Municipal officers" means those municipal officers that are required by law to be
189 elected.
190 (47) "Municipal primary election" means an election held to nominate candidates for
191 municipal office.
192 (48) "Municipality" means a city, town, or metro township.
193 (49) "Official ballot" means the ballots distributed by the election officer to the poll
194 workers to be given to voters to record their votes.
195 (50) "Official endorsement" means:
196 (a) the information on the ballot that identifies:
197 (i) the ballot as an official ballot;
198 (ii) the date of the election; and
199 (iii) (A) for a ballot prepared by an election officer other than a county clerk, the
200 facsimile signature required by Subsection 20A-6-401(1)(a)(iii); or
201 (B) for a ballot prepared by a county clerk, the words required by Subsection
202 20A-6-301(1)(b)(iii); and
203 (b) the information on the ballot stub that identifies:
204 (i) the poll worker's initials; and
205 (ii) the ballot number.
206 (51) "Official register" means the official record furnished to election officials by the
207 election officer that contains the information required by Section 20A-5-401.
208 (52) "Paper ballot" means a paper that contains:
209 (a) the names of offices and candidates and statements of ballot propositions to be
210 voted on; and
211 (b) spaces for the voter to record the voter's vote for each office and for or against each
212 ballot proposition.
213 (53) "Political party" means an organization of registered voters that has qualified to
214 participate in an election by meeting the requirements of Chapter 8, Political Party Formation
215 and Procedures.
216 (54) (a) "Poll worker" means a person assigned by an election official to assist with an
217 election, voting, or counting votes.
218 (b) "Poll worker" includes election judges.
219 (c) "Poll worker" does not include a watcher.
220 (55) "Pollbook" means a record of the names of voters in the order that they appear to
221 cast votes.
222 (56) "Polling place" means the building where voting is conducted.
223 (57) "Position" means a square, circle, rectangle, or other geometric shape on a ballot
224 in which the voter marks the voter's choice.
225 (58) "Presidential Primary Election" means the election established in Chapter 9, Part
226 8, Presidential Primary Election.
227 (59) "Primary convention" means the political party conventions held during the year
228 of the regular general election.
229 (60) "Protective counter" means a separate counter, which cannot be reset, that:
230 (a) is built into a voting machine; and
231 (b) records the total number of movements of the operating lever.
232 (61) "Provider election officer" means an election officer who enters into a contract or
233 interlocal agreement with a contracting election officer to conduct an election for the
234 contracting election officer's local political subdivision in accordance with Section
235 20A-5-400.1.
236 (62) "Provisional ballot" means a ballot voted provisionally by a person:
237 (a) whose name is not listed on the official register at the polling place;
238 (b) whose legal right to vote is challenged as provided in this title; or
239 (c) whose identity was not sufficiently established by a poll worker.
240 (63) "Provisional ballot envelope" means an envelope printed in the form required by
241 Section 20A-6-105 that is used to identify provisional ballots and to provide information to
242 verify a person's legal right to vote.
243 (64) "Qualify" or "qualified" means to take the oath of office and begin performing the
244 duties of the position for which the person was elected.
245 (65) "Receiving judge" means the poll worker that checks the voter's name in the
246 official register, provides the voter with a ballot, and removes the ballot stub from the ballot
247 after the voter has voted.
248 (66) "Registration form" means a book voter registration form and a by-mail voter
249 registration form.
250 (67) "Regular ballot" means a ballot that is not a provisional ballot.
251 (68) "Regular general election" means the election held throughout the state on the first
252 Tuesday after the first Monday in November of each even-numbered year for the purposes
253 established in Section 20A-1-201.
254 (69) "Regular primary election" means the election, held on the [
255
256 candidates of political parties and candidates for nonpartisan local school board positions to
257 advance to the regular general election.
258 (70) "Resident" means a person who resides within a specific voting precinct in Utah.
259 (71) "Sample ballot" means a mock ballot similar in form to the official ballot printed
260 and distributed as provided in Section 20A-5-405.
261 (72) "Scratch vote" means to mark or punch the straight party ticket and then mark or
262 punch the ballot for one or more candidates who are members of different political parties or
263 who are unaffiliated.
264 (73) "Secrecy envelope" means the envelope given to a voter along with the ballot into
265 which the voter places the ballot after the voter has voted it in order to preserve the secrecy of
266 the voter's vote.
267 (74) "Special election" means an election held as authorized by Section 20A-1-203.
268 (75) "Spoiled ballot" means each ballot that:
269 (a) is spoiled by the voter;
270 (b) is unable to be voted because it was spoiled by the printer or a poll worker; or
271 (c) lacks the official endorsement.
272 (76) "Statewide special election" means a special election called by the governor or the
273 Legislature in which all registered voters in Utah may vote.
274 (77) "Stub" means the detachable part of each ballot.
275 (78) "Substitute ballots" means replacement ballots provided by an election officer to
276 the poll workers when the official ballots are lost or stolen.
277 (79) "Ticket" means a list of:
278 (a) political parties;
279 (b) candidates for an office; or
280 (c) ballot propositions.
281 (80) "Transfer case" means the sealed box used to transport voted ballots to the
282 counting center.
283 (81) "Vacancy" means the absence of a person to serve in any position created by
284 statute, whether that absence occurs because of death, disability, disqualification, resignation,
285 or other cause.
286 (82) "Valid voter identification" means:
287 (a) a form of identification that bears the name and photograph of the voter which may
288 include:
289 (i) a currently valid Utah driver license;
290 (ii) a currently valid identification card that is issued by:
291 (A) the state; or
292 (B) a branch, department, or agency of the United States;
293 (iii) a currently valid Utah permit to carry a concealed weapon;
294 (iv) a currently valid United States passport; or
295 (v) a currently valid United States military identification card;
296 (b) one of the following identification cards, whether or not the card includes a
297 photograph of the voter:
298 (i) a valid tribal identification card;
299 (ii) a Bureau of Indian Affairs card; or
300 (iii) a tribal treaty card; or
301 (c) two forms of identification not listed under Subsection (82)(a) or (b) but that bear
302 the name of the voter and provide evidence that the voter resides in the voting precinct, which
303 may include:
304 (i) a current utility bill or a legible copy thereof, dated within the 90 days before the
305 election;
306 (ii) a bank or other financial account statement, or a legible copy thereof;
307 (iii) a certified birth certificate;
308 (iv) a valid social security card;
309 (v) a check issued by the state or the federal government or a legible copy thereof;
310 (vi) a paycheck from the voter's employer, or a legible copy thereof;
311 (vii) a currently valid Utah hunting or fishing license;
312 (viii) certified naturalization documentation;
313 (ix) a currently valid license issued by an authorized agency of the United States;
314 (x) a certified copy of court records showing the voter's adoption or name change;
315 (xi) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card;
316 (xii) a currently valid identification card issued by:
317 (A) a local government within the state;
318 (B) an employer for an employee; or
319 (C) a college, university, technical school, or professional school located within the
320 state; or
321 (xiii) a current Utah vehicle registration.
322 (83) "Valid write-in candidate" means a candidate who has qualified as a write-in
323 candidate by following the procedures and requirements of this title.
324 (84) "Voter" means a person who:
325 (a) meets the requirements for voting in an election;
326 (b) meets the requirements of election registration;
327 (c) is registered to vote; and
328 (d) is listed in the official register book.
329 (85) "Voter registration deadline" means the registration deadline provided in Section
330 20A-2-102.5.
331 (86) "Voting area" means the area within six feet of the voting booths, voting
332 machines, and ballot box.
333 (87) "Voting booth" means:
334 (a) the space or compartment within a polling place that is provided for the preparation
335 of ballots, including the voting machine enclosure or curtain; or
336 (b) a voting device that is free standing.
337 (88) "Voting device" means:
338 (a) an apparatus in which ballot sheets are used in connection with a punch device for
339 piercing the ballots by the voter;
340 (b) a device for marking the ballots with ink or another substance;
341 (c) an electronic voting device or other device used to make selections and cast a ballot
342 electronically, or any component thereof;
343 (d) an automated voting system under Section 20A-5-302; or
344 (e) any other method for recording votes on ballots so that the ballot may be tabulated
345 by means of automatic tabulating equipment.
346 (89) "Voting machine" means a machine designed for the sole purpose of recording
347 and tabulating votes cast by voters at an election.
348 (90) "Voting precinct" means the smallest voting unit established as provided by law
349 within which qualified voters vote at one polling place.
350 (91) "Watcher" means an individual who complies with the requirements described in
351 Section 20A-3-201 to become a watcher for an election.
352 (92) "Write-in ballot" means a ballot containing any write-in votes.
353 (93) "Write-in vote" means a vote cast for a person whose name is not printed on the
354 ballot according to the procedures established in this title.
355 Section 2. Section 20A-1-201.5 is amended to read:
356 20A-1-201.5. Primary election dates.
357 (1) [
358 throughout the state on the fourth Tuesday of June of each even numbered year as provided in
359 Section 20A-9-403, 20A-9-407, or 20A-9-408, as applicable, to nominate persons for:
360 (a) national, state, school board, and county offices; and
361 (b) offices for a metro township, city, or town incorporated under Section 10-2a-404.
362 (2) A municipal primary election shall be held, if necessary, on the second Tuesday
363 following the first Monday in August before the regular municipal election to nominate persons
364 for municipal offices.
365 (3) A presidential primary election shall be held throughout the state on the first
366 Tuesday in March in the year in which a presidential election will be held.
367 (4) In 2020, the regular primary election shall be held throughout the state on June 30,
368 as provided in Section 20A-9-403, 20A-9-407, or 20A-9-408, as applicable, to nominate
369 persons for:
370 (a) national, state, school board, and county offices; and
371 (b) offices for a metro township, city, or town incorporated under Section 10-2a-404.
372 Section 3. Section 20A-1-204 is amended to read:
373 20A-1-204. Date of special election -- Legal effect.
374 (1) (a) Except as provided by Subsection (1)(d), the governor, Legislature, or the
375 legislative body of a local political subdivision calling a statewide special election or local
376 special election under Section 20A-1-203 shall schedule the special election to be held on:
377 (i) in a year other than 2020, the fourth Tuesday in June; [
378 (ii) in 2020, June 30; or
379 [
380 (b) Except as provided in Subsection (1)(c), the governor, Legislature, or the legislative
381 body of a local political subdivision calling a statewide special election or local special election
382 under Section 20A-1-203 may not schedule a special election to be held on any other date.
383 (c) (i) Notwithstanding the requirements of Subsection (1)(b) or (1)(d), the legislative
384 body of a local political subdivision may call a local special election on a date other than those
385 specified in this section if the legislative body:
386 (A) determines and declares that there is a disaster, as defined in Section 53-2a-102,
387 requiring that a special election be held on a date other than the ones authorized in statute;
388 (B) identifies specifically the nature of the disaster, as defined in Section 53-2a-102,
389 and the reasons for holding the special election on that other date; and
390 (C) votes unanimously to hold the special election on that other date.
391 (ii) The legislative body of a local political subdivision may not hold a local special
392 election on the same date as the presidential primary election conducted under Chapter 9, Part
393 8, Presidential Primary Election.
394 (d) The legislative body of a local political subdivision may only call a special election
395 for a ballot proposition related to a bond, debt, leeway, levy, or tax on the first Tuesday after
396 the first Monday in November.
397 (e) Nothing in this section prohibits:
398 (i) the governor or Legislature from submitting a matter to the voters at the regular
399 general election if authorized by law; or
400 (ii) a local government from submitting a matter to the voters at the regular municipal
401 election if authorized by law.
402 (2) (a) Two or more entities shall comply with Subsection (2)(b) if those entities hold a
403 special election within a county on the same day as:
404 (i) another special election;
405 (ii) a regular general election; or
406 (iii) a municipal general election.
407 (b) Entities described in Subsection (2)(a) shall, to the extent practicable, coordinate:
408 (i) polling places;
409 (ii) ballots;
410 (iii) election officials; and
411 (iv) other administrative and procedural matters connected with the election.
412 Section 4. Section 20A-1-503 is amended to read:
413 20A-1-503. Midterm vacancies in the Legislature.
414 (1) As used in this section:
415 (a) "Filing deadline" means the final date for filing:
416 (i) a declaration of candidacy as provided in Section 20A-9-202; and
417 (ii) a certificate of nomination as provided in Section 20A-9-503.
418 (b) "Party liaison" means the political party officer designated to serve as a liaison with
419 the lieutenant governor on all matters relating to the political party's relationship with the state
420 as required by Section 20A-8-401.
421 (2) When a vacancy occurs for any reason in the office of representative in the
422 Legislature, the governor shall fill the vacancy by immediately appointing the person whose
423 name was submitted by the party liaison of the same political party as the prior representative.
424 (3) (a) Except as provided by Subsection (5), when a vacancy occurs for any reason in
425 the office of senator in the Legislature, it shall be filled for the unexpired term at the next
426 regular general election.
427 (b) The governor shall fill the vacancy until the next regular general election by
428 immediately appointing the person whose name was submitted by the party liaison of the same
429 political party as the prior senator.
430 (4) (a) If a vacancy described in Subsection (3)(a) occurs after the filing deadline but
431 before August 31 of an even-numbered year in which the term of office does not expire, the
432 lieutenant governor shall:
433 (i) establish a date and time, which is before the date for a candidate to be certified for
434 the ballot under Section 20A-9-701 and no later than 21 days after the day on which the
435 vacancy occurred, by which a person intending to obtain a position on the ballot for the vacant
436 office shall file:
437 (A) a declaration of candidacy; or
438 (B) a certificate of nomination; and
439 (ii) give notice of the vacancy and the date and time described in Subsection (4)(a)(i):
440 (A) on the lieutenant governor's website; and
441 (B) to each registered political party.
442 (b) A person intending to obtain a position on the ballot for the vacant office shall:
443 (i) before the date and time specified in Subsection (4)(a)(i), file a declaration of
444 candidacy or certificate of nomination according to the procedures and requirements of Chapter
445 9, Candidate Qualifications and Nominating Procedures; and
446 (ii) run in the regular general election if:
447 (A) nominated as a party candidate; or
448 (B) qualified as an unaffiliated candidate as provided by Chapter 9, Candidate
449 Qualifications and Nominating Procedures.
450 (c) If a vacancy described in Subsection (3)(a) occurs [
451
452 and before August 31, of an even-numbered year in which the term of office does not expire, a
453 party liaison from each registered political party may submit a name of a person described in
454 Subsection (4)(b) to the lieutenant governor before 5 p.m. no later than August 30 for
455 placement on the regular general election ballot.
456 (5) If a vacancy described in Subsection (3)(a) occurs on or after August 31 of an
457 even-numbered year in which a term does not expire, the governor shall fill the vacancy for the
458 unexpired term by immediately appointing the person whose name was submitted by the party
459 liaison of the same political party as the prior senator.
460 Section 5. Section 20A-9-201 (Superseded 01/01/20) is amended to read:
461 20A-9-201 (Superseded 01/01/20). Declarations of candidacy -- Candidacy for
462 more than one office or of more than one political party prohibited with exceptions --
463 General filing and form requirements -- Affidavit of impecuniosity.
464 (1) Before filing a declaration of candidacy for election to any office, an individual
465 shall:
466 (a) be a United States citizen;
467 (b) meet the legal requirements of that office; and
468 (c) if seeking a registered political party's nomination as a candidate for elective office,
469 state:
470 (i) the registered political party of which the individual is a member; or
471 (ii) that the individual is not a member of a registered political party.
472 (2) (a) Except as provided in Subsection (2)(b), an individual may not:
473 (i) file a declaration of candidacy for, or be a candidate for, more than one office in
474 Utah during any election year;
475 (ii) appear on the ballot as the candidate of more than one political party; or
476 (iii) file a declaration of candidacy for a registered political party of which the
477 individual is not a member, except to the extent that the registered political party permits
478 otherwise in the registered political party's bylaws.
479 (b) (i) An individual may file a declaration of candidacy for, or be a candidate for,
480 president or vice president of the United States and another office, if the individual resigns the
481 individual's candidacy for the other office after the individual is officially nominated for
482 president or vice president of the United States.
483 (ii) An individual may file a declaration of candidacy for, or be a candidate for, more
484 than one justice court judge office.
485 (iii) An individual may file a declaration of candidacy for lieutenant governor even if
486 the individual filed a declaration of candidacy for another office in the same election year if the
487 individual withdraws as a candidate for the other office in accordance with Subsection
488 20A-9-202(6) before filing the declaration of candidacy for lieutenant governor.
489 (3) (a) Except for a candidate for president or vice president of the United States,
490 before the filing officer may accept any declaration of candidacy, the filing officer shall:
491 (i) read to the individual the constitutional and statutory qualification requirements for
492 the office that the individual is seeking;
493 (ii) require the individual to state whether the individual meets those requirements; and
494 (iii) if the declaration of candidacy is for a legislative office, inform the individual that
495 Utah Constitution, Article VI, Section 6, prohibits a person who holds a public office of profit
496 or trust, under authority of the United States or Utah, from being a member of the Legislature.
497 (b) Before accepting a declaration of candidacy for the office of county attorney, the
498 county clerk shall ensure that the individual filing that declaration of candidacy is:
499 (i) a United States citizen;
500 (ii) an attorney licensed to practice law in the state who is an active member in good
501 standing of the Utah State Bar;
502 (iii) a registered voter in the county in which the individual is seeking office; and
503 (iv) a current resident of the county in which the individual is seeking office and either
504 has been a resident of that county for at least one year or was appointed and is currently serving
505 as county attorney and became a resident of the county within 30 days after appointment to the
506 office.
507 (c) Before accepting a declaration of candidacy for the office of district attorney, the
508 county clerk shall ensure that, as of the date of the election, the individual filing that
509 declaration of candidacy is:
510 (i) a United States citizen;
511 (ii) an attorney licensed to practice law in the state who is an active member in good
512 standing of the Utah State Bar;
513 (iii) a registered voter in the prosecution district in which the individual is seeking
514 office; and
515 (iv) a current resident of the prosecution district in which the individual is seeking
516 office and either will have been a resident of that prosecution district for at least one year as of
517 the date of the election or was appointed and is currently serving as district attorney and
518 became a resident of the prosecution district within 30 days after receiving appointment to the
519 office.
520 (d) Before accepting a declaration of candidacy for the office of county sheriff, the
521 county clerk shall ensure that the individual filing the declaration:
522 (i) is a United States citizen;
523 (ii) is a registered voter in the county in which the individual seeks office;
524 (iii) (A) has successfully met the standards and training requirements established for
525 law enforcement officers under Title 53, Chapter 6, Part 2, Peace Officer Training and
526 Certification Act; or
527 (B) has met the waiver requirements in Section 53-6-206;
528 (iv) is qualified to be certified as a law enforcement officer, as defined in Section
529 53-13-103; and
530 (v) as of the date of the election, will have been a resident of the county in which the
531 individual seeks office for at least one year.
532 (e) Before accepting a declaration of candidacy for the office of governor, lieutenant
533 governor, state auditor, state treasurer, attorney general, state legislator, or State Board of
534 Education member, the filing officer shall ensure:
535 (i) that the individual filing the declaration of candidacy also makes the conflict of
536 interest disclosure required by Section 20A-11-1603; and
537 (ii) until January 1, 2020, if the filing officer is not the lieutenant governor, that the
538 individual provides the conflict of interest disclosure form to the lieutenant governor in
539 accordance with Section 20A-11-1603.
540 (4) If an individual who files a declaration of candidacy does not meet the qualification
541 requirements for the office the individual is seeking, the filing officer may not accept the
542 individual's declaration of candidacy.
543 (5) If an individual who files a declaration of candidacy meets the requirements
544 described in Subsection (3), the filing officer shall:
545 (a) inform the individual that:
546 (i) the individual's name will appear on the ballot as the individual's name is written on
547 the individual's declaration of candidacy;
548 (ii) the individual may be required to comply with state or local campaign finance
549 disclosure laws; and
550 (iii) the individual is required to file a financial statement before the individual's
551 political convention under:
552 (A) Section 20A-11-204 for a candidate for constitutional office;
553 (B) Section 20A-11-303 for a candidate for the Legislature; or
554 (C) local campaign finance disclosure laws, if applicable;
555 (b) except for a presidential candidate, provide the individual with a copy of the current
556 campaign financial disclosure laws for the office the individual is seeking and inform the
557 individual that failure to comply will result in disqualification as a candidate and removal of
558 the individual's name from the ballot;
559 (c) provide the individual with a copy of Section 20A-7-801 regarding the Statewide
560 Electronic Voter Information Website Program and inform the individual of the submission
561 deadline under Subsection 20A-7-801(4)(a);
562 (d) provide the candidate with a copy of the pledge of fair campaign practices
563 described under Section 20A-9-206 and inform the candidate that:
564 (i) signing the pledge is voluntary; and
565 (ii) signed pledges shall be filed with the filing officer;
566 (e) accept the individual's declaration of candidacy; and
567 (f) if the individual has filed for a partisan office, provide a certified copy of the
568 declaration of candidacy to the chair of the county or state political party of which the
569 individual is a member.
570 (6) If the candidate elects to sign the pledge of fair campaign practices, the filing
571 officer shall:
572 (a) accept the candidate's pledge; and
573 (b) if the candidate has filed for a partisan office, provide a certified copy of the
574 candidate's pledge to the chair of the county or state political party of which the candidate is a
575 member.
576 (7) (a) Except for a candidate for president or vice president of the United States, the
577 form of the declaration of candidacy shall:
578 (i) be substantially as follows:
579 "State of Utah, County of ____
580 I, ______________, declare my candidacy for the office of ____, seeking the
581 nomination of the ____ party. I do solemnly swear that: I will meet the qualifications to
582 hold the office, both legally and constitutionally, if selected; I reside at _____________
583 in the City or Town of ____, Utah, Zip Code ____ Phone No. ____; I will not
584 knowingly violate any law governing campaigns and elections; if filing via a designated
585 agent, I will be out of the state of Utah during the entire candidate filing period; I will
586 file all campaign financial disclosure reports as required by law; and I understand that
587 failure to do so will result in my disqualification as a candidate for this office and
588 removal of my name from the ballot. The mailing address that I designate for receiving
589 official election notices is ___________________________.
590 ____________________________________________________________________
591 Subscribed and sworn before me this __________(month\day\year).
592
Notary Public (or other officer qualified to administer oath)."; and
593 (ii) require the candidate to state, in the sworn statement described in Subsection
594 (7)(a)(i):
595 (A) the registered political party of which the candidate is a member; or
596 (B) that the candidate is not a member of a registered political party.
597 (b) An agent designated under Subsection 20A-9-202(1)[
598 candidacy may not sign the form described in Subsection (7)(a) or Section 20A-9-408.5.
599 (8) (a) Except for presidential candidates, the fee for filing a declaration of candidacy
600 is:
601 (i) $50 for candidates for the local school district board; and
602 (ii) $50 plus 1/8 of 1% of the total salary for the full term of office legally paid to the
603 person holding the office for all other federal, state, and county offices.
604 (b) Except for presidential candidates, the filing officer shall refund the filing fee to
605 any candidate:
606 (i) who is disqualified; or
607 (ii) who the filing officer determines has filed improperly.
608 (c) (i) The county clerk shall immediately pay to the county treasurer all fees received
609 from candidates.
610 (ii) The lieutenant governor shall:
611 (A) apportion to and pay to the county treasurers of the various counties all fees
612 received for filing of nomination certificates or acceptances; and
613 (B) ensure that each county receives that proportion of the total amount paid to the
614 lieutenant governor from the congressional district that the total vote of that county for all
615 candidates for representative in Congress bears to the total vote of all counties within the
616 congressional district for all candidates for representative in Congress.
617 (d) (i) A person who is unable to pay the filing fee may file a declaration of candidacy
618 without payment of the filing fee upon a prima facie showing of impecuniosity as evidenced by
619 an affidavit of impecuniosity filed with the filing officer and, if requested by the filing officer,
620 a financial statement filed at the time the affidavit is submitted.
621 (ii) A person who is able to pay the filing fee may not claim impecuniosity.
622 (iii) (A) False statements made on an affidavit of impecuniosity or a financial
623 statement filed under this section shall be subject to the criminal penalties provided under
624 Sections 76-8-503 and 76-8-504 and any other applicable criminal provision.
625 (B) Conviction of a criminal offense under Subsection (8)(d)(iii)(A) shall be
626 considered an offense under this title for the purposes of assessing the penalties provided in
627 Subsection 20A-1-609(2).
628 (iv) The filing officer shall ensure that the affidavit of impecuniosity is printed in
629 substantially the following form:
630 "Affidavit of Impecuniosity
631 Individual Name
632 ____________________________Address_____________________________
633 Phone Number _________________
634 I,__________________________(name), do solemnly [swear] [affirm], under penalty of law
635 for false statements, that, owing to my poverty, I am unable to pay the filing fee required by
636 law.
637 Date ______________ Signature________________________________________________
638 Affiant
639 Subscribed and sworn to before me on ___________ (month\day\year)
640
______________________
641
(signature)
642 Name and Title of Officer Authorized to Administer Oath
______________________"
643 (v) The filing officer shall provide to a person who requests an affidavit of
644 impecuniosity a statement printed in substantially the following form, which may be included
645 on the affidavit of impecuniosity:
646 "Filing a false statement is a criminal offense. In accordance with Section 20A-1-609, a
647 candidate who is found guilty of filing a false statement, in addition to being subject to criminal
648 penalties, will be removed from the ballot."
649 (vi) The filing officer may request that a person who makes a claim of impecuniosity
650 under this Subsection (8)(d) file a financial statement on a form prepared by the election
651 official.
652 (9) An individual who fails to file a declaration of candidacy or certificate of
653 nomination within the time provided in this chapter is ineligible for nomination to office.
654 (10) A declaration of candidacy filed under this section may not be amended or
655 modified after the final date established for filing a declaration of candidacy.
656 Section 6. Section 20A-9-201 (Effective 01/01/20) is amended to read:
657 20A-9-201 (Effective 01/01/20). Declarations of candidacy -- Candidacy for more
658 than one office or of more than one political party prohibited with exceptions -- General
659 filing and form requirements -- Affidavit of impecuniosity.
660 (1) Before filing a declaration of candidacy for election to any office, an individual
661 shall:
662 (a) be a United States citizen;
663 (b) meet the legal requirements of that office; and
664 (c) if seeking a registered political party's nomination as a candidate for elective office,
665 state:
666 (i) the registered political party of which the individual is a member; or
667 (ii) that the individual is not a member of a registered political party.
668 (2) (a) Except as provided in Subsection (2)(b), an individual may not:
669 (i) file a declaration of candidacy for, or be a candidate for, more than one office in
670 Utah during any election year;
671 (ii) appear on the ballot as the candidate of more than one political party; or
672 (iii) file a declaration of candidacy for a registered political party of which the
673 individual is not a member, except to the extent that the registered political party permits
674 otherwise in the registered political party's bylaws.
675 (b) (i) An individual may file a declaration of candidacy for, or be a candidate for,
676 president or vice president of the United States and another office, if the individual resigns the
677 individual's candidacy for the other office after the individual is officially nominated for
678 president or vice president of the United States.
679 (ii) An individual may file a declaration of candidacy for, or be a candidate for, more
680 than one justice court judge office.
681 (iii) An individual may file a declaration of candidacy for lieutenant governor even if
682 the individual filed a declaration of candidacy for another office in the same election year if the
683 individual withdraws as a candidate for the other office in accordance with Subsection
684 20A-9-202(6) before filing the declaration of candidacy for lieutenant governor.
685 (3) (a) Except for a candidate for president or vice president of the United States,
686 before the filing officer may accept any declaration of candidacy, the filing officer shall:
687 (i) read to the individual the constitutional and statutory qualification requirements for
688 the office that the individual is seeking;
689 (ii) require the individual to state whether the individual meets the requirements
690 described in Subsection (3)(a)(i); and
691 (iii) if the declaration of candidacy is for a county office, inform the individual that an
692 individual who holds a county elected office may not, at the same time, hold a municipal
693 elected office.
694 (iv) if the declaration of candidacy is for a legislative office, inform the individual that
695 Utah Constitution, Article VI, Section 6, prohibits a person who holds a public office of profit
696 or trust, under authority of the United States or Utah, from being a member of the Legislature.
697 (b) Before accepting a declaration of candidacy for the office of county attorney, the
698 county clerk shall ensure that the individual filing that declaration of candidacy is:
699 (i) a United States citizen;
700 (ii) an attorney licensed to practice law in the state who is an active member in good
701 standing of the Utah State Bar;
702 (iii) a registered voter in the county in which the individual is seeking office; and
703 (iv) a current resident of the county in which the individual is seeking office and either
704 has been a resident of that county for at least one year or was appointed and is currently serving
705 as county attorney and became a resident of the county within 30 days after appointment to the
706 office.
707 (c) Before accepting a declaration of candidacy for the office of district attorney, the
708 county clerk shall ensure that, as of the date of the election, the individual filing that
709 declaration of candidacy is:
710 (i) a United States citizen;
711 (ii) an attorney licensed to practice law in the state who is an active member in good
712 standing of the Utah State Bar;
713 (iii) a registered voter in the prosecution district in which the individual is seeking
714 office; and
715 (iv) a current resident of the prosecution district in which the individual is seeking
716 office and either will have been a resident of that prosecution district for at least one year as of
717 the date of the election or was appointed and is currently serving as district attorney and
718 became a resident of the prosecution district within 30 days after receiving appointment to the
719 office.
720 (d) Before accepting a declaration of candidacy for the office of county sheriff, the
721 county clerk shall ensure that the individual filing the declaration:
722 (i) is a United States citizen;
723 (ii) is a registered voter in the county in which the individual seeks office;
724 (iii) (A) has successfully met the standards and training requirements established for
725 law enforcement officers under Title 53, Chapter 6, Part 2, Peace Officer Training and
726 Certification Act; or
727 (B) has met the waiver requirements in Section 53-6-206;
728 (iv) is qualified to be certified as a law enforcement officer, as defined in Section
729 53-13-103; and
730 (v) as of the date of the election, will have been a resident of the county in which the
731 individual seeks office for at least one year.
732 (e) Before accepting a declaration of candidacy for the office of governor, lieutenant
733 governor, state auditor, state treasurer, attorney general, state legislator, or State Board of
734 Education member, the filing officer shall ensure:
735 (i) that the individual filing the declaration of candidacy also makes the conflict of
736 interest disclosure required by Section 20A-11-1603; and
737 (ii) until January 1, 2020, if the filing officer is not the lieutenant governor, that the
738 individual provides the conflict of interest disclosure form to the lieutenant governor in
739 accordance with Section 20A-11-1603.
740 (4) If an individual who files a declaration of candidacy does not meet the qualification
741 requirements for the office the individual is seeking, the filing officer may not accept the
742 individual's declaration of candidacy.
743 (5) If an individual who files a declaration of candidacy meets the requirements
744 described in Subsection (3), the filing officer shall:
745 (a) inform the individual that:
746 (i) the individual's name will appear on the ballot as the individual's name is written on
747 the individual's declaration of candidacy;
748 (ii) the individual may be required to comply with state or local campaign finance
749 disclosure laws; and
750 (iii) the individual is required to file a financial statement before the individual's
751 political convention under:
752 (A) Section 20A-11-204 for a candidate for constitutional office;
753 (B) Section 20A-11-303 for a candidate for the Legislature; or
754 (C) local campaign finance disclosure laws, if applicable;
755 (b) except for a presidential candidate, provide the individual with a copy of the current
756 campaign financial disclosure laws for the office the individual is seeking and inform the
757 individual that failure to comply will result in disqualification as a candidate and removal of
758 the individual's name from the ballot;
759 (c) provide the individual with a copy of Section 20A-7-801 regarding the Statewide
760 Electronic Voter Information Website Program and inform the individual of the submission
761 deadline under Subsection 20A-7-801(4)(a);
762 (d) provide the candidate with a copy of the pledge of fair campaign practices
763 described under Section 20A-9-206 and inform the candidate that:
764 (i) signing the pledge is voluntary; and
765 (ii) signed pledges shall be filed with the filing officer;
766 (e) accept the individual's declaration of candidacy; and
767 (f) if the individual has filed for a partisan office, provide a certified copy of the
768 declaration of candidacy to the chair of the county or state political party of which the
769 individual is a member.
770 (6) If the candidate elects to sign the pledge of fair campaign practices, the filing
771 officer shall:
772 (a) accept the candidate's pledge; and
773 (b) if the candidate has filed for a partisan office, provide a certified copy of the
774 candidate's pledge to the chair of the county or state political party of which the candidate is a
775 member.
776 (7) (a) Except for a candidate for president or vice president of the United States, the
777 form of the declaration of candidacy shall:
778 (i) be substantially as follows:
779 "State of Utah, County of ____
780 I, ______________, declare my candidacy for the office of ____, seeking the
781 nomination of the ____ party. I do solemnly swear that: I will meet the qualifications to
782 hold the office, both legally and constitutionally, if selected; I reside at _____________
783 in the City or Town of ____, Utah, Zip Code ____ Phone No. ____; I will not
784 knowingly violate any law governing campaigns and elections; if filing via a designated
785 agent, I will be out of the state of Utah during the entire candidate filing period; I will
786 file all campaign financial disclosure reports as required by law; and I understand that failure to
787 do so will result in my disqualification as a candidate for this office and removal of my name
788 from the ballot. The mailing address that I designate for receiving official election notices is
789 ___________________________.
790 ____________________________________________________________________
791 Subscribed and sworn before me this __________(month\day\year).
792
Notary Public (or other officer qualified to administer oath)."; and
793 (ii) require the candidate to state, in the sworn statement described in Subsection
794 (7)(a)(i):
795 (A) the registered political party of which the candidate is a member; or
796 (B) that the candidate is not a member of a registered political party.
797 (b) An agent designated under Subsection 20A-9-202(1)[
798 candidacy may not sign the form described in Subsection (7)(a) or Section 20A-9-408.5.
799 (8) (a) Except for presidential candidates, the fee for filing a declaration of candidacy
800 is:
801 (i) $50 for candidates for the local school district board; and
802 (ii) $50 plus 1/8 of 1% of the total salary for the full term of office legally paid to the
803 person holding the office for all other federal, state, and county offices.
804 (b) Except for presidential candidates, the filing officer shall refund the filing fee to
805 any candidate:
806 (i) who is disqualified; or
807 (ii) who the filing officer determines has filed improperly.
808 (c) (i) The county clerk shall immediately pay to the county treasurer all fees received
809 from candidates.
810 (ii) The lieutenant governor shall:
811 (A) apportion to and pay to the county treasurers of the various counties all fees
812 received for filing of nomination certificates or acceptances; and
813 (B) ensure that each county receives that proportion of the total amount paid to the
814 lieutenant governor from the congressional district that the total vote of that county for all
815 candidates for representative in Congress bears to the total vote of all counties within the
816 congressional district for all candidates for representative in Congress.
817 (d) (i) A person who is unable to pay the filing fee may file a declaration of candidacy
818 without payment of the filing fee upon a prima facie showing of impecuniosity as evidenced by
819 an affidavit of impecuniosity filed with the filing officer and, if requested by the filing officer,
820 a financial statement filed at the time the affidavit is submitted.
821 (ii) A person who is able to pay the filing fee may not claim impecuniosity.
822 (iii) (A) False statements made on an affidavit of impecuniosity or a financial
823 statement filed under this section shall be subject to the criminal penalties provided under
824 Sections 76-8-503 and 76-8-504 and any other applicable criminal provision.
825 (B) Conviction of a criminal offense under Subsection (8)(d)(iii)(A) shall be
826 considered an offense under this title for the purposes of assessing the penalties provided in
827 Subsection 20A-1-609(2).
828 (iv) The filing officer shall ensure that the affidavit of impecuniosity is printed in
829 substantially the following form:
830 "Affidavit of Impecuniosity
831 Individual Name
832 ____________________________Address_____________________________
833 Phone Number _________________
834 I,__________________________(name), do solemnly [swear] [affirm], under penalty of law
835 for false statements, that, owing to my poverty, I am unable to pay the filing fee required by
836 law.
837 Date ______________ Signature________________________________________________
838 Affiant
839 Subscribed and sworn to before me on ___________ (month\day\year)
840
______________________
841
(signature)
842 Name and Title of Officer Authorized to Administer Oath
______________________"
843 (v) The filing officer shall provide to a person who requests an affidavit of
844 impecuniosity a statement printed in substantially the following form, which may be included
845 on the affidavit of impecuniosity:
846 "Filing a false statement is a criminal offense. In accordance with Section 20A-1-609, a
847 candidate who is found guilty of filing a false statement, in addition to being subject to criminal
848 penalties, will be removed from the ballot."
849 (vi) The filing officer may request that a person who makes a claim of impecuniosity
850 under this Subsection (8)(d) file a financial statement on a form prepared by the election
851 official.
852 (9) An individual who fails to file a declaration of candidacy or certificate of
853 nomination within the time provided in this chapter is ineligible for nomination to office.
854 (10) A declaration of candidacy filed under this section may not be amended or
855 modified after the final date established for filing a declaration of candidacy.
856 Section 7. Section 20A-9-202 is amended to read:
857 20A-9-202. Declarations of candidacy for regular general elections.
858 (1) (a) An individual seeking to become a candidate for an elective office that is to be
859 filled at the next regular general election shall:
860 (i) except as provided in Subsection (1)[
861 person with the filing officer on or after January 1 of the regular general election year, and, if
862 applicable, before the individual circulates nomination petitions under Section 20A-9-405; and
863 (ii) pay the filing fee.
864 (b) Unless expressly provided otherwise in this title, for a registered political party that
865 is not a qualified political party, the deadline for filing a declaration of candidacy for an
866 elective office that is to be filled at the next regular general election is:
867 (i) in a year other than 2020, 5 p.m. on the first Monday after the third Saturday in
868 April; or
869 (ii) in 2020, before 5 p.m. April 27.
870 [
871 to file a declaration of candidacy with the filing officer if:
872 (i) the individual is located outside of the state during the entire filing period;
873 (ii) the designated agent appears in person before the filing officer;
874 (iii) the individual communicates with the filing officer using an electronic device that
875 allows the individual and filing officer to see and hear each other; and
876 (iv) the individual provides the filing officer with an email address to which the filing
877 officer may send the individual the copies described in Subsection 20A-9-201(5).
878 [
879 for multicounty office shall transmit the filing fee and a copy of the candidate's declaration of
880 candidacy to the lieutenant governor within one business day after the candidate files the
881 declaration of candidacy.
882 [
883 governor electronically or by telephone of candidates who have filed a declaration of candidacy
884 with the county clerk.
885 [
886 attorney, or the office of president or vice president of the United States shall comply with the
887 specific declaration of candidacy requirements established by this section.
888 (2) (a) Each individual intending to become a candidate for the office of district
889 attorney within a multicounty prosecution district that is to be filled at the next regular general
890 election shall:
891 (i) file a declaration of candidacy with the clerk designated in the interlocal agreement
892 creating the prosecution district on or after January 1 of the regular general election year, and
893 before the individual circulates nomination petitions under Section 20A-9-405; and
894 (ii) pay the filing fee.
895 (b) The designated clerk shall provide to the county clerk of each county in the
896 prosecution district a certified copy of each declaration of candidacy filed for the office of
897 district attorney.
898 (3) (a) Before [
899 the deadline described in Subsection (1)(b)(i) or (ii), each lieutenant governor candidate shall:
900 (i) file a declaration of candidacy with the lieutenant governor;
901 (ii) pay the filing fee; and
902 (iii) submit a letter from a candidate for governor who has received certification for the
903 primary-election ballot under Section 20A-9-403 that names the lieutenant governor candidate
904 as a joint-ticket running mate.
905 (b) (i) A candidate for lieutenant governor who fails to timely file is disqualified.
906 (ii) If a candidate for lieutenant governor is disqualified, another candidate may file to
907 replace the disqualified candidate.
908 (4) Before 5 p.m. no later than August 31, each registered political party shall:
909 (a) certify the names of the political party's candidates for president and vice president
910 of the United States to the lieutenant governor; or
911 (b) provide written authorization for the lieutenant governor to accept the certification
912 of candidates for president and vice president of the United States from the national office of
913 the registered political party.
914 (5) (a) A declaration of candidacy filed under this section is valid unless a written
915 objection is filed with the clerk or lieutenant governor before 5 p.m. within five days after the
916 last day for filing.
917 (b) If an objection is made, the clerk or lieutenant governor shall:
918 (i) mail or personally deliver notice of the objection to the affected candidate
919 immediately; and
920 (ii) decide any objection within 48 hours after it is filed.
921 (c) If the clerk or lieutenant governor sustains the objection, the candidate may cure the
922 problem by amending the declaration or petition before 5 p.m. within three days after the day
923 on which the objection is sustained or by filing a new declaration before 5 p.m. within three
924 days after the day on which the objection is sustained.
925 (d) (i) The clerk's or lieutenant governor's decision upon objections to form is final.
926 (ii) The clerk's or lieutenant governor's decision upon substantive matters is reviewable
927 by a district court if prompt application is made to the court.
928 (iii) The decision of the district court is final unless the Supreme Court, in the exercise
929 of its discretion, agrees to review the lower court decision.
930 (6) Any person who filed a declaration of candidacy may withdraw as a candidate by
931 filing a written affidavit with the clerk.
932 (7) (a) Except for a candidate who is certified by a registered political party under
933 Subsection (4), and except as provided in Section 20A-9-504, before 5 p.m. no later than
934 August 31 of a general election year, each individual running as a candidate for vice president
935 of the United States shall:
936 (i) file a declaration of candidacy, in person or via a designated agent, on a form
937 developed by the lieutenant governor, that:
938 (A) contains the individual's name, address, and telephone number;
939 (B) states that the individual meets the qualifications for the office of vice president of
940 the United States;
941 (C) names the presidential candidate, who has qualified for the general election ballot,
942 with which the individual is running as a joint-ticket running mate;
943 (D) states that the individual agrees to be the running mate of the presidential candidate
944 described in Subsection (7)(a)(i)(C); and
945 (E) contains any other necessary information identified by the lieutenant governor;
946 (ii) pay the filing fee, if applicable; and
947 (iii) submit a letter from the presidential candidate described in Subsection (7)(a)(i)(C)
948 that names the individual as a joint-ticket running mate as a vice presidential candidate.
949 (b) A designated agent described in Subsection (7)(a)(i) may not sign the declaration of
950 candidacy.
951 (c) A vice presidential candidate who fails to meet the requirements described in this
952 Subsection (7) may not appear on the general election ballot.
953 Section 8. Section 20A-9-403 is amended to read:
954 20A-9-403. Regular primary elections.
955 (1) (a) Candidates for elective office that are to be filled at the next regular general
956 election shall be nominated in a regular primary election by direct vote of the people in the
957 manner prescribed in this section. The [
958
959 20A-1-201.5. Nothing in this section shall affect a candidate's ability to qualify for a regular
960 general election's ballot as an unaffiliated candidate under Section 20A-9-501 or to participate
961 in a regular general election as a write-in candidate under Section 20A-9-601.
962 (b) Each registered political party that chooses to have the names of the registered
963 political party's candidates for elective office featured with party affiliation on the ballot at a
964 regular general election shall comply with the requirements of this section and shall nominate
965 the registered political party's candidates for elective office in the manner described in this
966 section.
967 (c) A filing officer may not permit an official ballot at a regular general election to be
968 produced or used if the ballot denotes affiliation between a registered political party or any
969 other political group and a candidate for elective office who is not nominated in the manner
970 prescribed in this section or in Subsection 20A-9-202(4).
971 (d) Unless noted otherwise, the dates in this section refer to those that occur in each
972 even-numbered year in which a regular general election will be held.
973 (2) (a) Each registered political party, in a statement filed with the lieutenant governor,
974 shall:
975 (i) either declare the registered political party's intent to participate in the next regular
976 primary election or declare that the registered political party chooses not to have the names of
977 the registered political party's candidates for elective office featured on the ballot at the next
978 regular general election; and
979 (ii) if the registered political party participates in the upcoming regular primary
980 election, identify one or more registered political parties whose members may vote for the
981 registered political party's candidates and whether individuals identified as unaffiliated with a
982 political party may vote for the registered political party's candidates.
983 (b) (i) A registered political party that is a continuing political party shall file the
984 statement described in Subsection (2)(a) with the lieutenant governor no later than 5 p.m. on
985 November 30 of each odd-numbered year.
986 (ii) An organization that is seeking to become a registered political party under Section
987 20A-8-103 shall file the statement described in Subsection (2)(a) at the time that the registered
988 political party files the petition described in Section 20A-8-103.
989 (3) (a) Except as provided in Subsection (3)(e), an individual who submits a
990 declaration of candidacy under Section 20A-9-202 shall appear as a candidate for elective
991 office on the regular primary ballot of the registered political party listed on the declaration of
992 candidacy only if the individual is certified by the appropriate filing officer as having submitted
993 a set of nomination petitions that was:
994 (i) circulated and completed in accordance with Section 20A-9-405; and
995 (ii) signed by at least 2% of the registered political party's members who reside in the
996 political division of the office that the individual seeks.
997 (b) (i) A candidate for elective office shall submit nomination petitions to the
998 appropriate filing officer for verification and certification no later than 5 p.m. on the final day
999 in March.
1000 (ii) A candidate may supplement the candidate's submissions at any time on or before
1001 the filing deadline.
1002 (c) (i) The lieutenant governor shall determine for each elective office the total number
1003 of signatures that must be submitted under Subsection (3)(a)(ii) by counting the aggregate
1004 number of individuals residing in each elective office's political division who have designated a
1005 particular registered political party on the individuals' voter registration forms on or before
1006 November 15 of each odd-numbered year.
1007 (ii) The lieutenant governor shall publish the determination for each elective office no
1008 later than November 30 of each odd-numbered year.
1009 (d) The filing officer shall:
1010 (i) verify signatures on nomination petitions in a transparent and orderly manner, no
1011 later than 14 days after the day on which a candidate submits the signatures to the filing officer;
1012 (ii) for all qualifying candidates for elective office who submit nomination petitions to
1013 the filing officer, issue certifications referenced in Subsection (3)(a) no later than [
1014
1015 20A-9-202(1)(b)(i) or (ii);
1016 (iii) consider active and inactive voters eligible to sign nomination petitions;
1017 (iv) consider an individual who signs a nomination petition a member of a registered
1018 political party for purposes of Subsection (3)(a)(ii) if the individual has designated that
1019 registered political party as the individual's party membership on the individual's voter
1020 registration form; and
1021 (v) utilize procedures described in Section 20A-7-206.3 to verify submitted nomination
1022 petition signatures, or use statistical sampling procedures to verify submitted nomination
1023 petition signatures in accordance with rules made under Subsection (3)(f).
1024 (e) Notwithstanding any other provision in this Subsection (3), a candidate for
1025 lieutenant governor may appear on the regular primary ballot of a registered political party
1026 without submitting nomination petitions if the candidate files a declaration of candidacy and
1027 complies with Subsection 20A-9-202(3).
1028 (f) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1029 director of elections, within the Office of the Lieutenant Governor, may make rules that:
1030 (i) provide for the use of statistical sampling procedures that:
1031 (A) filing officers are required to use to verify signatures under Subsection (3)(d); and
1032 (B) reflect a bona fide effort to determine the validity of a candidate's entire
1033 submission, using widely recognized statistical sampling techniques; and
1034 (ii) provide for the transparent, orderly, and timely submission, verification, and
1035 certification of nomination petition signatures.
1036 (g) The county clerk shall:
1037 (i) review the declarations of candidacy filed by candidates for local boards of
1038 education to determine if more than two candidates have filed for the same seat;
1039 (ii) place the names of all candidates who have filed a declaration of candidacy for a
1040 local board of education seat on the nonpartisan section of the ballot if more than two
1041 candidates have filed for the same seat; and
1042 (iii) determine the order of the local board of education candidates' names on the ballot
1043 in accordance with Section 20A-6-305.
1044 (4) (a) [
1045 deadline described in Subsection 20A-9-409(4)(c), the lieutenant governor shall provide to the
1046 county clerks:
1047 (i) a list of the names of all candidates for federal, constitutional, multi-county, single
1048 county, and county offices who have received certifications under Subsection (3), along with
1049 instructions on how those names shall appear on the primary election ballot in accordance with
1050 Section 20A-6-305; and
1051 (ii) a list of unopposed candidates for elective office who have been nominated by a
1052 registered political party under Subsection (5)(c) and instruct the county clerks to exclude the
1053 unopposed candidates from the primary election ballot.
1054 (b) A candidate for lieutenant governor and a candidate for governor campaigning as
1055 joint-ticket running mates shall appear jointly on the primary election ballot.
1056 (c) After the county clerk receives the certified list from the lieutenant governor under
1057 Subsection (4)(a), the county clerk shall post or publish a primary election notice in
1058 substantially the following form:
1059 "Notice is given that a primary election will be held Tuesday, June ____,
1060 ________(year), to nominate party candidates for the parties and candidates for nonpartisan
1061 local school board positions listed on the primary ballot. The polling place for voting precinct
1062 ____ is ____. The polls will open at 7 a.m. and continue open until 8 p.m. of the same day.
1063 Attest: county clerk."
1064 (5) (a) A candidate who, at the regular primary election, receives the highest number of
1065 votes cast for the office sought by the candidate is:
1066 (i) nominated for that office by the candidate's registered political party; or
1067 (ii) for a nonpartisan local school board position, nominated for that office.
1068 (b) If two or more candidates are to be elected to the office at the regular general
1069 election, those party candidates equal in number to positions to be filled who receive the
1070 highest number of votes at the regular primary election are the nominees of the candidates'
1071 party for those positions.
1072 (c) (i) As used in this Subsection (5)(c), a candidate is "unopposed" if:
1073 (A) no individual other than the candidate receives a certification under Subsection (3)
1074 for the regular primary election ballot of the candidate's registered political party for a
1075 particular elective office; or
1076 (B) for an office where more than one individual is to be elected or nominated, the
1077 number of candidates who receive certification under Subsection (3) for the regular primary
1078 election of the candidate's registered political party does not exceed the total number of
1079 candidates to be elected or nominated for that office.
1080 (ii) A candidate who is unopposed for an elective office in the regular primary election
1081 of a registered political party is nominated by the party for that office without appearing on the
1082 primary election ballot.
1083 (6) (a) When a tie vote occurs in any primary election for any national, state, or other
1084 office that represents more than one county, the governor, lieutenant governor, and attorney
1085 general shall, at a public meeting called by the governor and in the presence of the candidates
1086 involved, select the nominee by lot cast in whatever manner the governor determines.
1087 (b) When a tie vote occurs in any primary election for any county office, the district
1088 court judges of the district in which the county is located shall, at a public meeting called by
1089 the judges and in the presence of the candidates involved, select the nominee by lot cast in
1090 whatever manner the judges determine.
1091 (7) The expense of providing all ballots, blanks, or other supplies to be used at any
1092 primary election provided for by this section, and all expenses necessarily incurred in the
1093 preparation for or the conduct of that primary election shall be paid out of the treasury of the
1094 county or state, in the same manner as for the regular general elections.
1095 (8) An individual may not file a declaration of candidacy for a registered political party
1096 of which the individual is not a member, except to the extent that the registered political party
1097 permits otherwise under the registered political party's bylaws.
1098 Section 9. Section 20A-9-407 is amended to read:
1099 20A-9-407. Convention process to seek the nomination of a qualified political
1100 party.
1101 (1) This section describes the requirements for a member of a qualified political party
1102 who is seeking the nomination of a qualified political party for an elective office through the
1103 qualified political party's convention process.
1104 (2) Notwithstanding Subsection 20A-9-201(7)(a), the form of the declaration of
1105 candidacy for a member of a qualified political party who is nominated by, or who is seeking
1106 the nomination of, the qualified political party under this section shall be substantially as
1107 described in Section 20A-9-408.5.
1108 (3) Notwithstanding Subsection 20A-9-202(1)(a), and except as provided in Subsection
1109 20A-9-202(4), a member of a qualified political party who, under this section, is seeking the
1110 nomination of the qualified political party for an elective office that is to be filled at the next
1111 general election, shall:
1112 (a) except as provided in Subsection 20A-9-202(1)[
1113 candidacy in person with the filing officer on or after the second Friday in March and before 5
1114 p.m. on the third Thursday in March before the next regular general election; and
1115 (b) pay the filing fee.
1116 (4) Notwithstanding Subsection 20A-9-202(2)(a), a member of a qualified political
1117 party who, under this section, is seeking the nomination of the qualified political party for the
1118 office of district attorney within a multicounty prosecution district that is to be filled at the next
1119 general election shall:
1120 (a) file a declaration of candidacy with the county clerk designated in the interlocal
1121 agreement creating the prosecution district on or after the second Friday in March and before 5
1122 p.m. on the third Thursday in March before the next regular general election; and
1123 (b) pay the filing fee.
1124 (5) Notwithstanding Subsection 20A-9-202(3)(a)(iii), a lieutenant governor candidate
1125 who files as the joint-ticket running mate of an individual who is nominated by a qualified
1126 political party, under this section, for the office of governor shall, [
1127
1128 20A-9-202(1)(b)(i) or (ii), file a declaration of candidacy and submit a letter from the candidate
1129 for governor that names the lieutenant governor candidate as a joint-ticket running mate.
1130 (6) (a) A qualified political party that nominates a candidate under this section shall
1131 certify the name of the candidate to the lieutenant governor before [
1132
1133 (ii).
1134 (b) The lieutenant governor shall include, in the primary ballot certification or, for a
1135 race where a primary is not held because the candidate is unopposed, in the general election
1136 ballot certification, the name of each candidate nominated by a qualified political party under
1137 this section.
1138 (7) Notwithstanding Subsection 20A-9-701(2), the ballot shall, for each candidate who
1139 is nominated by a qualified political party under this section, designate the qualified political
1140 party that nominated the candidate.
1141 Section 10. Section 20A-9-408 is amended to read:
1142 20A-9-408. Signature-gathering process to seek the nomination of a qualified
1143 political party.
1144 (1) This section describes the requirements for a member of a qualified political party
1145 who is seeking the nomination of the qualified political party for an elective office through the
1146 signature-gathering process described in this section.
1147 (2) Notwithstanding Subsection 20A-9-201(7)(a), the form of the declaration of
1148 candidacy for a member of a qualified political party who is nominated by, or who is seeking
1149 the nomination of, the qualified political party under this section shall be substantially as
1150 described in Section 20A-9-408.5.
1151 (3) Notwithstanding Subsection 20A-9-202(1)(a), and except as provided in Subsection
1152 20A-9-202(4), a member of a qualified political party who, under this section, is seeking the
1153 nomination of the qualified political party for an elective office that is to be filled at the next
1154 general election shall:
1155 (a) within the period beginning on January 1 before the next regular general election
1156 and ending at 5 p.m. on the third Thursday in March of the same year, and before gathering
1157 signatures under this section, file with the filing officer on a form approved by the lieutenant
1158 governor a notice of intent to gather signatures for candidacy that includes:
1159 (i) the name of the member who will attempt to become a candidate for a registered
1160 political party under this section;
1161 (ii) the name of the registered political party for which the member is seeking
1162 nomination;
1163 (iii) the office for which the member is seeking to become a candidate;
1164 (iv) the address and telephone number of the member; and
1165 (v) other information required by the lieutenant governor;
1166 (b) except as provided in Subsection 20A-9-202(1)[
1167 candidacy, in person, with the filing officer on or after the second Friday in March and before 5
1168 p.m. on the third Thursday in March before the next regular general election; and
1169 (c) pay the filing fee.
1170 (4) Notwithstanding Subsection 20A-9-202(2)(a), a member of a qualified political
1171 party who, under this section, is seeking the nomination of the qualified political party for the
1172 office of district attorney within a multicounty prosecution district that is to be filled at the next
1173 general election shall:
1174 (a) on or after January 1 before the next regular general election, and before gathering
1175 signatures under this section, file with the filing officer on a form approved by the lieutenant
1176 governor a notice of intent to gather signatures for candidacy that includes:
1177 (i) the name of the member who will attempt to become a candidate for a registered
1178 political party under this section;
1179 (ii) the name of the registered political party for which the member is seeking
1180 nomination;
1181 (iii) the office for which the member is seeking to become a candidate;
1182 (iv) the address and telephone number of the member; and
1183 (v) other information required by the lieutenant governor;
1184 (b) except as provided in Subsection 20A-9-202(1)[
1185 candidacy, in person, with the filing officer on or after the second Friday in March and before 5
1186 p.m. on the third Thursday in March before the next regular general election; and
1187 (c) pay the filing fee.
1188 (5) Notwithstanding Subsection 20A-9-202(3)(a)(iii), a lieutenant governor candidate
1189 who files as the joint-ticket running mate of an individual who is nominated by a qualified
1190 political party, under this section, for the office of governor shall, before [
1191
1192 20A-9-202(1)(b)(i) or (ii), file a declaration of candidacy and submit a letter from the candidate
1193 for governor that names the lieutenant governor candidate as a joint-ticket running mate.
1194 (6) The lieutenant governor shall ensure that the certification described in Subsection
1195 20A-9-701(1) also includes the name of each candidate nominated by a qualified political party
1196 under this section.
1197 (7) Notwithstanding Subsection 20A-9-701(2), the ballot shall, for each candidate who
1198 is nominated by a qualified political party under this section, designate the qualified political
1199 party that nominated the candidate.
1200 (8) A member of a qualified political party may seek the nomination of the qualified
1201 political party for an elective office by:
1202 (a) complying with the requirements described in this section; and
1203 (b) collecting signatures, on a form approved by the lieutenant governor, during the
1204 period beginning on January 1 of an even-numbered year and ending at 5 p.m. 14 days before
1205 the day on which the qualified political party's convention for the office is held, in the
1206 following amounts:
1207 (i) for a statewide race, 28,000 signatures of registered voters in the state who are
1208 permitted by the qualified political party to vote for the qualified political party's candidates in
1209 a primary election;
1210 (ii) for a congressional district race, 7,000 signatures of registered voters who are
1211 residents of the congressional district and are permitted by the qualified political party to vote
1212 for the qualified political party's candidates in a primary election;
1213 (iii) for a state Senate district race, 2,000 signatures of registered voters who are
1214 residents of the state Senate district and are permitted by the qualified political party to vote for
1215 the qualified political party's candidates in a primary election;
1216 (iv) for a state House district race, 1,000 signatures of registered voters who are
1217 residents of the state House district and are permitted by the qualified political party to vote for
1218 the qualified political party's candidates in a primary election;
1219 (v) for a State Board of Education race, the lesser of:
1220 (A) 2,000 signatures of registered voters who are residents of the State Board of
1221 Education district and are permitted by the qualified political party to vote for the qualified
1222 political party's candidates in a primary election; or
1223 (B) 3% of the registered voters of the qualified political party who are residents of the
1224 applicable State Board of Education district; and
1225 (vi) for a county office race, signatures of 3% of the registered voters who are residents
1226 of the area permitted to vote for the county office and are permitted by the qualified political
1227 party to vote for the qualified political party's candidates in a primary election.
1228 (9) (a) In order for a member of the qualified political party to qualify as a candidate
1229 for the qualified political party's nomination for an elective office under this section, the
1230 member shall:
1231 (i) collect the signatures on a form approved by the lieutenant governor, using the same
1232 circulation and verification requirements described in Sections 20A-7-204 and 20A-7-205; and
1233 (ii) submit the signatures to the election officer before 5 p.m. no later than 14 days
1234 before the day on which the qualified political party holds the party's convention to select
1235 candidates, for the elective office, for the qualified political party's nomination.
1236 (b) An individual may not gather signatures under this section until after the individual
1237 files a notice of intent to gather signatures for candidacy described in this section.
1238 (c) An individual who files a notice of intent to gather signatures for candidacy,
1239 described in Subsection (3)(a) or (4)(a), is, beginning on the day on which the individual files
1240 the notice of intent to gather signatures for candidacy:
1241 (i) required to comply with the reporting requirements that a candidate for office is
1242 required to comply with; and
1243 (ii) subject to the same enforcement provisions, and civil and criminal penalties, that
1244 apply to a candidate for office in relation to the reporting requirements described in Subsection
1245 (9)(c)(i).
1246 (d) Upon timely receipt of the signatures described in Subsections (8) and (9)(a), the
1247 election officer shall, no later than the earlier of 14 days after the day on which the election
1248 officer receives the signatures, or one day before the day on which the qualified political party
1249 holds the convention to select a nominee for the elective office to which the signature packets
1250 relate:
1251 (i) check the name of each individual who completes the verification for a signature
1252 packet to determine whether each individual is a resident of Utah and is at least 18 years old;
1253 (ii) submit the name of each individual described in Subsection (9)(d)(i) who is not a
1254 Utah resident or who is not at least 18 years old to the attorney general and the county attorney;
1255 (iii) determine whether each signer is a registered voter who is qualified to sign the
1256 petition, using the same method, described in Section 20A-7-206.3, used to verify a signature
1257 on a petition; and
1258 (iv) certify whether each name is that of a registered voter who is qualified to sign the
1259 signature packet.
1260 (e) Upon timely receipt of the signatures described in Subsections (8) and (9)(a), the
1261 election officer shall, no later than one day before the day on which the qualified political party
1262 holds the convention to select a nominee for the elective office to which the signature packets
1263 relate, notify the qualified political party and the lieutenant governor of the name of each
1264 member of the qualified political party who qualifies as a nominee of the qualified political
1265 party, under this section, for the elective office to which the convention relates.
1266 (f) Upon receipt of a notice of intent to gather signatures for candidacy described in
1267 this section, the lieutenant governor shall post the notice of intent to gather signatures for
1268 candidacy on the lieutenant governor's website in the same location that the lieutenant governor
1269 posts a declaration of candidacy.
1270 Section 11. Section 20A-9-409 is amended to read:
1271 20A-9-409. Primary election provisions relating to qualified political party.
1272 (1) The [
1273 primary election [
1274 (2) (a) A qualified political party that nominates one or more candidates for an elective
1275 office under Section 20A-9-407 and does not have a candidate qualify as a candidate for that
1276 office under Section 20A-9-408, may, but is not required to, participate in the primary election
1277 for that office.
1278 (b) A qualified political party that has only one candidate qualify as a candidate for an
1279 elective office under Section 20A-9-408 and does not nominate a candidate for that office
1280 under Section 20A-9-407, may, but is not required to, participate in the primary election for
1281 that office.
1282 (c) A qualified political party that nominates one or more candidates for an elective
1283 office under Section 20A-9-407 and has one or more candidates qualify as a candidate for that
1284 office under Section 20A-9-408 shall participate in the primary election for that office.
1285 (d) A qualified political party that has two or more candidates qualify as candidates for
1286 an elective office under Section 20A-9-408 and does not nominate a candidate for that office
1287 under Section 20A-9-407 shall participate in the primary election for that office.
1288 (3) Notwithstanding Subsection (2), in an opt-in county, as defined in Section
1289 17-52a-201 or 17-52a-202, a qualified political party shall participate in the primary election
1290 for a county commission office if:
1291 (a) there is more than one:
1292 (i) open position as defined in Section 17-52a-201; or
1293 (ii) midterm vacancy as defined in Section 17-52a-201; and
1294 (b) the number of candidates nominated under Section 20A-9-407 or qualified under
1295 Section 20A-9-408 for the respective open positions or midterm vacancies exceeds the number
1296 of respective open positions or midterm vacancies.
1297 (4) (a) As used in this Subsection (4), a candidate is "unopposed" if:
1298 (i) no individual other than the candidate receives a certification, from the appropriate
1299 filing officer, for the regular primary election ballot of the candidate's registered political party
1300 for a particular elective office; or
1301 (ii) for an office where more than one individual is to be elected or nominated, the
1302 number of candidates who receive certification, from the appropriate filing officer, for the
1303 regular primary election of the candidate's registered political party does not exceed the total
1304 number of candidates to be elected or nominated for that office.
1305 (b) [
1306 deadline described in Subsection (4)(c), the lieutenant governor shall:
1307 (i) provide to the county clerks:
1308 (A) a list of the names of all candidates for federal, constitutional, multi-county, single
1309 county, and county offices who have received certifications from the appropriate filing officer,
1310 along with instructions on how those names shall appear on the primary election ballot in
1311 accordance with Section 20A-6-305; and
1312 (B) a list of unopposed candidates for elective office who have been nominated by a
1313 registered political party; and
1314 (ii) instruct the county clerks to exclude unopposed candidates from the primary
1315 election ballot.
1316 (c) The deadline described in Subsection (4)(b) is:
1317 (i) in a year other than 2020, 5 p.m. on the first Wednesday after the third Saturday in
1318 April; or
1319 (ii) in 2020, 5 p.m. April 29.
1320 Section 12. Section 63I-2-220 is amended to read:
1321 63I-2-220. Repeal dates -- Title 20A.
1322 (1) On January 1, 2021:
1323 (a) Subsection 20A-1-201.5(1), the language that states "Except as provided in
1324 Subsection (4)," is repealed.
1325 (b) Subsection 20A-1-201.5(4) is repealed.
1326 (c) Subsections 20A-1-204(1)(a)(i) through (iii) are repealed and replaced with the
1327 following:
1328 "(i) the fourth Tuesday in June; or
1329 (ii) the first Tuesday after the first Monday in November.".
1330 (d) In Subsections 20A-1-503(4)(c), 20A-9-202(3)(a), 20A-9-403(3)(d)(ii),
1331 20A-9-407(5) and (6)(a), and 20A-9-408(5), immediately following the reference to Subsection
1332 20A-9-202(1)(b), the language that states "(i) or (ii)" is repealed.
1333 (e) Subsection 20A-9-202(1)(b) is repealed and replaced with the following:
1334 "(b) Unless expressly provided otherwise in this title, for a registered political party that
1335 is not a qualified political party, the deadline for filing a declaration of candidacy for an
1336 elective office that is to be filled at the next regular general election is 5 p.m. on the first
1337 Monday after the third Saturday in April.";
1338 (f) Subsection 20A-9-409(4)(c) is repealed and replaced with the following:
1339 "(c) The deadline described in Subsection (4)(b) is 5 p.m. on the first Wednesday after
1340 the third Saturday in April.".
1341 [
1342 [
1343 [
1344 (a) In Subsection 20A-1-102(22)(a), the language that states "or Title 20A, Chapter 4,
1345 Part 6, Municipal Alternate Voting Methods Pilot Project" is repealed.
1346 (b) In Subsections 20A-1-303(1)(a) and (b), the language that states "Except as
1347 provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is
1348 repealed.
1349 (c) In Section 20A-1-304, the language that states "Except for a race conducted by
1350 instant runoff voting under Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods
1351 Pilot Project," is repealed.
1352 (d) In Subsection 20A-3-105(1)(a), the language that states "Except as provided in
1353 Subsection (5)," is repealed.
1354 (e) In Subsections 20A-3-105(1)(b), (3)(b), and (4)(b), the language that states "Except
1355 as provided in Subsections (5) and (6)," is repealed.
1356 (f) In Subsections 20A-3-105(2)(a)(i), (3)(a), and (4)(a), the language that states
1357 "Subject to Subsection (5)," is repealed.
1358 (g) Subsection 20A-3-105(5) is repealed and the remaining subsections in Section
1359 20A-3-105 are renumbered accordingly.
1360 (h) In Subsection 20A-4-101(2)(c), the language that states "Except as provided in
1361 Subsection (2)(f)," is repealed.
1362 (i) Subsection 20A-4-101(2)(f) is repealed.
1363 (j) Subsection 20A-4-101(3) is repealed and replaced with the following:
1364 " (3) To resolve questions that arise during the counting of ballots, a counting judge
1365 shall apply the standards and requirements of Section 20A-4-105.".
1366 (k) In Subsection 20A-4-102(1)(a), the language that states "or a rule made under
1367 Subsection 20A-4-101(2)(f)(i)" is repealed.
1368 (l) Subsection 20A-4-102(1)(b) is repealed and replaced with the following:
1369 "(b) To resolve questions that arise during the counting of ballots, a counting judge
1370 shall apply the standards and requirements of Section 20A-4-105.".
1371 (m) In Subsection 20A-4-102(6)(a), the language that states ", except as provided in
1372 Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, or a rule made
1373 under Subsection 20A-4-101(2)(f)(i)" is repealed.
1374 (n) In Subsection 20A-4-105(1)(a), the language that states ", except as otherwise
1375 provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is
1376 repealed.
1377 (o) In Subsection 20A-4-105(2), the language that states "Subsection 20A-3-105(5), or
1378 Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is repealed.
1379 (p) In Subsections 20A-4-105(3), (5), and (12), the language that states "Except as
1380 otherwise provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot
1381 Project," is repealed.
1382 (q) In Subsection 20A-4-106(1)(a)(ii), the language that states "or Title 20A, Chapter
1383 4, Part 6, Municipal Alternate Voting Methods Pilot Project" is repealed.
1384 (r) In Subsection 20A-4-304(1)(a), the language that states "except as provided in Title
1385 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is repealed.
1386 (s) Subsection 20A-4-304(2)(e) is repealed and replaced with the following:
1387 "(v) from each voting precinct:
1388 (A) the number of votes for each candidate; and
1389 (B) the number of votes for and against each ballot proposition;".
1390 (t) Subsection 20A-4-401(1)(a) is repealed, the remaining subsections in Subsection (1)
1391 are renumbered accordingly, and the cross-references to those subsections are renumbered
1392 accordingly.
1393 (u) Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, is
1394 repealed.
1395 (v) Subsections 20A-5-400.1(1)(c) and (d), relating to contracting with a local political
1396 subdivision to conduct an election, is repealed.
1397 (w) Subsection 20A-5-404(3)(b) is repealed and the remaining subsections in
1398 Subsection (3) are renumbered accordingly.
1399 (x) Subsection 20A-5-404(4)(b) is repealed and the remaining subsections in
1400 Subsection (4) are renumbered accordingly.
1401 (y) In Section 20A-5-802, relating to the certification of voting equipment:
1402 (i) delete "Except as provided in Subsection (2)(b)(ii):" from the beginning of
1403 Subsection (2); and
1404 (ii) Subsection (2)(b)(ii) is repealed, and the remaining subsections are renumbered
1405 accordingly.
1406 (z) Section 20A-6-203.5 is repealed.
1407 (aa) In Subsections 20A-6-402(1), (2), (3), and (4), the language that states "Except as
1408 otherwise required for a race conducted by instant runoff voting under Title 20A, Chapter 4,
1409 Part 6, Municipal Alternate Voting Methods Pilot Project," is repealed.
1410 (bb) In Subsection 20A-9-203(3)(a)(i), the language that states "or Title 20A, Chapter
1411 4, Part 6, Municipal Alternate Voting Methods Pilot Project" is repealed.
1412 (cc) In Subsection 20A-9-203(3)(c)(i), the language that states "except as provided in
1413 Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is repealed.
1414 (dd) In Subsection 20A-9-404(1)(a), the language that states "or Title 20A, Chapter 4,
1415 Part 6, Municipal Alternate Voting Methods Pilot Project" is repealed.
1416 (ee) In Subsection 20A-9-404(2), the language that states "Except as otherwise
1417 provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is
1418 repealed.
1419 [
1420 Section 13. Effective date.
1421 If approved by two-thirds of all the members elected to each house, this bill takes effect
1422 upon approval by the governor, or the day following the constitutional time limit of Utah
1423 Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
1424 the date of veto override.