1     
ELECTION CODE DATE CHANGES

2     
2019 FIRST SPECIAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Wayne A. Harper

5     
House Sponsor: Steve Eliason

6     

7     LONG TITLE
8     Committee Note:
9          The Business and Labor Interim Committee recommended this bill.
10               Legislative Vote:     11 voting for     0 voting against     9 absent
11     General Description:
12          This bill changes the primary election to June 30, for the year 2020 only, and changes
13     related dates accordingly.
14     Highlighted Provisions:
15          This bill:
16          ▸     changes the primary election to June 30, for the year 2020 only, and changes related
17     dates accordingly; and
18          ▸     makes technical and conforming changes.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          This bill provides a special effective date.
23     Utah Code Sections Affected:
24     AMENDS:
25          20A-1-102, as last amended by Laws of Utah 2019, Chapter 433
26          20A-1-201.5, as last amended by Laws of Utah 2019, Chapter 433
27          20A-1-204, as last amended by Laws of Utah 2019, Chapter 433

28          20A-1-503, as last amended by Laws of Utah 2019, Chapter 255
29          20A-9-201 (Superseded 01/01/20), as last amended by Laws of Utah 2019, Chapters
30     266, 279, and 433
31          20A-9-201 (Effective 01/01/20), as last amended by Laws of Utah 2019, Chapters 258,
32     266, 279, and 433
33          20A-9-202, as last amended by Laws of Utah 2019, Chapter 255
34          20A-9-403, as last amended by Laws of Utah 2019, Chapters 210 and 433
35          20A-9-407, as last amended by Laws of Utah 2019, Chapter 255
36          20A-9-408, as last amended by Laws of Utah 2019, Chapters 210 and 255
37          20A-9-409, as last amended by Laws of Utah 2018, Chapter 68
38          63I-2-220, as last amended by Laws of Utah 2019, Chapters 136, 203, 255, and 305
39     

40     Be it enacted by the Legislature of the state of Utah:
41          Section 1. Section 20A-1-102 is amended to read:
42          20A-1-102. Definitions.
43          As used in this title:
44          (1) "Active voter" means a registered voter who has not been classified as an inactive
45     voter by the county clerk.
46          (2) "Automatic tabulating equipment" means apparatus that automatically examines
47     and counts votes recorded on paper ballots or ballot sheets and tabulates the results.
48          (3) (a) "Ballot" means the storage medium, whether paper, mechanical, or electronic,
49     upon which a voter records the voter's votes.
50          (b) "Ballot" includes ballot sheets, paper ballots, electronic ballots, and secrecy
51     envelopes.
52          (4) "Ballot label" means the cards, papers, booklet, pages, or other materials that:
53          (a) contain the names of offices and candidates and statements of ballot propositions to
54     be voted on; and
55          (b) are used in conjunction with ballot sheets that do not display that information.
56          (5) "Ballot proposition" means a question, issue, or proposal that is submitted to voters
57     on the ballot for their approval or rejection including:
58          (a) an opinion question specifically authorized by the Legislature;

59          (b) a constitutional amendment;
60          (c) an initiative;
61          (d) a referendum;
62          (e) a bond proposition;
63          (f) a judicial retention question;
64          (g) an incorporation of a city or town; or
65          (h) any other ballot question specifically authorized by the Legislature.
66          (6) "Ballot sheet":
67          (a) means a ballot that:
68          (i) consists of paper or a card where the voter's votes are marked or recorded; and
69          (ii) can be counted using automatic tabulating equipment; and
70          (b) includes punch card ballots and other ballots that are machine-countable.
71          (7) "Bind," "binding," or "bound" means securing more than one piece of paper
72     together with a staple or stitch in at least three places across the top of the paper in the blank
73     space reserved for securing the paper.
74          (8) "Board of canvassers" means the entities established by Sections 20A-4-301 and
75     20A-4-306 to canvass election returns.
76          (9) "Bond election" means an election held for the purpose of approving or rejecting
77     the proposed issuance of bonds by a government entity.
78          (10) "Book voter registration form" means voter registration forms contained in a
79     bound book that are used by election officers and registration agents to register persons to vote.
80          (11) "Business reply mail envelope" means an envelope that may be mailed free of
81     charge by the sender.
82          (12) "By-mail voter registration form" means a voter registration form designed to be
83     completed by the voter and mailed to the election officer.
84          (13) "Canvass" means the review of election returns and the official declaration of
85     election results by the board of canvassers.
86          (14) "Canvassing judge" means a poll worker designated to assist in counting ballots at
87     the canvass.
88          (15) "Contracting election officer" means an election officer who enters into a contract
89     or interlocal agreement with a provider election officer.

90          (16) "Convention" means the political party convention at which party officers and
91     delegates are selected.
92          (17) "Counting center" means one or more locations selected by the election officer in
93     charge of the election for the automatic counting of ballots.
94          (18) "Counting judge" means a poll worker designated to count the ballots during
95     election day.
96          (19) "Counting room" means a suitable and convenient private place or room,
97     immediately adjoining the place where the election is being held, for use by the poll workers
98     and counting judges to count ballots during election day.
99          (20) "County officers" means those county officers that are required by law to be
100     elected.
101          (21) "Date of the election" or "election day" or "day of the election":
102          (a) means the day that is specified in the calendar year as the day that the election
103     occurs; and
104          (b) does not include:
105          (i) deadlines established for absentee voting; or
106          (ii) any early voting or early voting period as provided under Chapter 3, Part 6, Early
107     Voting.
108          (22) "Elected official" means:
109          (a) a person elected to an office under Section 20A-1-303 or Chapter [4] 1, Part 6,
110     Election Offenses - Generally;
111          (b) a person who is considered to be elected to a municipal office in accordance with
112     Subsection 20A-1-206(1)(c)(ii); or
113          (c) a person who is considered to be elected to a local district office in accordance with
114     Subsection 20A-1-206(3)(c)(ii).
115          (23) "Election" means a regular general election, a municipal general election, a
116     statewide special election, a local special election, a regular primary election, a municipal
117     primary election, and a local district election.
118          (24) "Election Assistance Commission" means the commission established by the Help
119     America Vote Act of 2002, Pub. L. No. 107-252.
120          (25) "Election cycle" means the period beginning on the first day persons are eligible to

121     file declarations of candidacy and ending when the canvass is completed.
122          (26) "Election judge" means a poll worker that is assigned to:
123          (a) preside over other poll workers at a polling place;
124          (b) act as the presiding election judge; or
125          (c) serve as a canvassing judge, counting judge, or receiving judge.
126          (27) "Election officer" means:
127          (a) the lieutenant governor, for all statewide ballots and elections;
128          (b) the county clerk for:
129          (i) a county ballot and election; and
130          (ii) a ballot and election as a provider election officer as provided in Section
131     20A-5-400.1 or 20A-5-400.5;
132          (c) the municipal clerk for:
133          (i) a municipal ballot and election; and
134          (ii) a ballot and election as a provider election officer as provided in Section
135     20A-5-400.1 or 20A-5-400.5;
136          (d) the local district clerk or chief executive officer for:
137          (i) a local district ballot and election; and
138          (ii) a ballot and election as a provider election officer as provided in Section
139     20A-5-400.1 or 20A-5-400.5; or
140          (e) the business administrator or superintendent of a school district for:
141          (i) a school district ballot and election; and
142          (ii) a ballot and election as a provider election officer as provided in Section
143     20A-5-400.1 or 20A-5-400.5.
144          (28) "Election official" means any election officer, election judge, or poll worker.
145          (29) "Election results" means:
146          (a) for an election other than a bond election, the count of votes cast in the election and
147     the election returns requested by the board of canvassers; or
148          (b) for bond elections, the count of those votes cast for and against the bond
149     proposition plus any or all of the election returns that the board of canvassers may request.
150          (30) "Election returns" includes the pollbook, the military and overseas absentee voter
151     registration and voting certificates, one of the tally sheets, any unprocessed absentee ballots, all

152     counted ballots, all excess ballots, all unused ballots, all spoiled ballots, the ballot disposition
153     form, and the total votes cast form.
154          (31) "Electronic ballot" means a ballot that is recorded using a direct electronic voting
155     device or other voting device that records and stores ballot information by electronic means.
156          (32) "Electronic signature" means an electronic sound, symbol, or process attached to
157     or logically associated with a record and executed or adopted by a person with the intent to sign
158     the record.
159          (33) (a) "Electronic voting device" means a voting device that uses electronic ballots.
160          (b) "Electronic voting device" includes a direct recording electronic voting device.
161          (34) "Inactive voter" means a registered voter who is listed as inactive by a county
162     clerk under Subsection 20A-2-306(4)(c)(i) or (ii).
163          (35) "Judicial office" means the office filled by any judicial officer.
164          (36) "Judicial officer" means any justice or judge of a court of record or any county
165     court judge.
166          (37) "Local district" means a local government entity under Title 17B, Limited Purpose
167     Local Government Entities - Local Districts, and includes a special service district under Title
168     17D, Chapter 1, Special Service District Act.
169          (38) "Local district officers" means those local district board members that are required
170     by law to be elected.
171          (39) "Local election" means a regular county election, a regular municipal election, a
172     municipal primary election, a local special election, a local district election, and a bond
173     election.
174          (40) "Local political subdivision" means a county, a municipality, a local district, or a
175     local school district.
176          (41) "Local special election" means a special election called by the governing body of a
177     local political subdivision in which all registered voters of the local political subdivision may
178     vote.
179          (42) "Municipal executive" means:
180          (a) the mayor in the council-mayor form of government defined in Section 10-3b-102;
181          (b) the mayor in the council-manager form of government defined in Subsection
182     10-3b-103(7); or

183          (c) the chair of a metro township form of government defined in Section 10-3b-102.
184          (43) "Municipal general election" means the election held in municipalities and, as
185     applicable, local districts on the first Tuesday after the first Monday in November of each
186     odd-numbered year for the purposes established in Section 20A-1-202.
187          (44) "Municipal legislative body" means:
188          (a) the council of the city or town in any form of municipal government; or
189          (b) the council of a metro township.
190          (45) "Municipal office" means an elective office in a municipality.
191          (46) "Municipal officers" means those municipal officers that are required by law to be
192     elected.
193          (47) "Municipal primary election" means an election held to nominate candidates for
194     municipal office.
195          (48) "Municipality" means a city, town, or metro township.
196          (49) "Official ballot" means the ballots distributed by the election officer to the poll
197     workers to be given to voters to record their votes.
198          (50) "Official endorsement" means:
199          (a) the information on the ballot that identifies:
200          (i) the ballot as an official ballot;
201          (ii) the date of the election; and
202          (iii) (A) for a ballot prepared by an election officer other than a county clerk, the
203     facsimile signature required by Subsection 20A-6-401(1)(a)(iii); or
204          (B) for a ballot prepared by a county clerk, the words required by Subsection
205     20A-6-301(1)(b)(iii); and
206          (b) the information on the ballot stub that identifies:
207          (i) the poll worker's initials; and
208          (ii) the ballot number.
209          (51) "Official register" means the official record furnished to election officials by the
210     election officer that contains the information required by Section 20A-5-401.
211          (52) "Paper ballot" means a paper that contains:
212          (a) the names of offices and candidates and statements of ballot propositions to be
213     voted on; and

214          (b) spaces for the voter to record the voter's vote for each office and for or against each
215     ballot proposition.
216          (53) "Political party" means an organization of registered voters that has qualified to
217     participate in an election by meeting the requirements of Chapter 8, Political Party Formation
218     and Procedures.
219          (54) (a) "Poll worker" means a person assigned by an election official to assist with an
220     election, voting, or counting votes.
221          (b) "Poll worker" includes election judges.
222          (c) "Poll worker" does not include a watcher.
223          (55) "Pollbook" means a record of the names of voters in the order that they appear to
224     cast votes.
225          (56) "Polling place" means the building where voting is conducted.
226          (57) "Position" means a square, circle, rectangle, or other geometric shape on a ballot
227     in which the voter marks the voter's choice.
228          (58) "Presidential Primary Election" means the election established in Chapter 9, Part
229     8, Presidential Primary Election.
230          (59) "Primary convention" means the political party conventions held during the year
231     of the regular general election.
232          (60) "Protective counter" means a separate counter, which cannot be reset, that:
233          (a) is built into a voting machine; and
234          (b) records the total number of movements of the operating lever.
235          (61) "Provider election officer" means an election officer who enters into a contract or
236     interlocal agreement with a contracting election officer to conduct an election for the
237     contracting election officer's local political subdivision in accordance with Section
238     20A-5-400.1.
239          (62) "Provisional ballot" means a ballot voted provisionally by a person:
240          (a) whose name is not listed on the official register at the polling place;
241          (b) whose legal right to vote is challenged as provided in this title; or
242          (c) whose identity was not sufficiently established by a poll worker.
243          (63) "Provisional ballot envelope" means an envelope printed in the form required by
244     Section 20A-6-105 that is used to identify provisional ballots and to provide information to

245     verify a person's legal right to vote.
246          (64) "Qualify" or "qualified" means to take the oath of office and begin performing the
247     duties of the position for which the person was elected.
248          (65) "Receiving judge" means the poll worker that checks the voter's name in the
249     official register, provides the voter with a ballot, and removes the ballot stub from the ballot
250     after the voter has voted.
251          (66) "Registration form" means a book voter registration form and a by-mail voter
252     registration form.
253          (67) "Regular ballot" means a ballot that is not a provisional ballot.
254          (68) "Regular general election" means the election held throughout the state on the first
255     Tuesday after the first Monday in November of each even-numbered year for the purposes
256     established in Section 20A-1-201.
257          (69) "Regular primary election" means the election, held on the [fourth Tuesday of
258     June of each even-numbered year] date specified in Section 20A-1-201.5, to nominate
259     candidates of political parties and candidates for nonpartisan local school board positions to
260     advance to the regular general election.
261          (70) "Resident" means a person who resides within a specific voting precinct in Utah.
262          (71) "Sample ballot" means a mock ballot similar in form to the official ballot printed
263     and distributed as provided in Section 20A-5-405.
264          (72) "Scratch vote" means to mark or punch the straight party ticket and then mark or
265     punch the ballot for one or more candidates who are members of different political parties or
266     who are unaffiliated.
267          (73) "Secrecy envelope" means the envelope given to a voter along with the ballot into
268     which the voter places the ballot after the voter has voted it in order to preserve the secrecy of
269     the voter's vote.
270          (74) "Special election" means an election held as authorized by Section 20A-1-203.
271          (75) "Spoiled ballot" means each ballot that:
272          (a) is spoiled by the voter;
273          (b) is unable to be voted because it was spoiled by the printer or a poll worker; or
274          (c) lacks the official endorsement.
275          (76) "Statewide special election" means a special election called by the governor or the

276     Legislature in which all registered voters in Utah may vote.
277          (77) "Stub" means the detachable part of each ballot.
278          (78) "Substitute ballots" means replacement ballots provided by an election officer to
279     the poll workers when the official ballots are lost or stolen.
280          (79) "Ticket" means a list of:
281          (a) political parties;
282          (b) candidates for an office; or
283          (c) ballot propositions.
284          (80) "Transfer case" means the sealed box used to transport voted ballots to the
285     counting center.
286          (81) "Vacancy" means the absence of a person to serve in any position created by
287     statute, whether that absence occurs because of death, disability, disqualification, resignation,
288     or other cause.
289          (82) "Valid voter identification" means:
290          (a) a form of identification that bears the name and photograph of the voter which may
291     include:
292          (i) a currently valid Utah driver license;
293          (ii) a currently valid identification card that is issued by:
294          (A) the state; or
295          (B) a branch, department, or agency of the United States;
296          (iii) a currently valid Utah permit to carry a concealed weapon;
297          (iv) a currently valid United States passport; or
298          (v) a currently valid United States military identification card;
299          (b) one of the following identification cards, whether or not the card includes a
300     photograph of the voter:
301          (i) a valid tribal identification card;
302          (ii) a Bureau of Indian Affairs card; or
303          (iii) a tribal treaty card; or
304          (c) two forms of identification not listed under Subsection (82)(a) or (b) but that bear
305     the name of the voter and provide evidence that the voter resides in the voting precinct, which
306     may include:

307          (i) a current utility bill or a legible copy thereof, dated within the 90 days before the
308     election;
309          (ii) a bank or other financial account statement, or a legible copy thereof;
310          (iii) a certified birth certificate;
311          (iv) a valid social security card;
312          (v) a check issued by the state or the federal government or a legible copy thereof;
313          (vi) a paycheck from the voter's employer, or a legible copy thereof;
314          (vii) a currently valid Utah hunting or fishing license;
315          (viii) certified naturalization documentation;
316          (ix) a currently valid license issued by an authorized agency of the United States;
317          (x) a certified copy of court records showing the voter's adoption or name change;
318          (xi) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card;
319          (xii) a currently valid identification card issued by:
320          (A) a local government within the state;
321          (B) an employer for an employee; or
322          (C) a college, university, technical school, or professional school located within the
323     state; or
324          (xiii) a current Utah vehicle registration.
325          (83) "Valid write-in candidate" means a candidate who has qualified as a write-in
326     candidate by following the procedures and requirements of this title.
327          (84) "Voter" means a person who:
328          (a) meets the requirements for voting in an election;
329          (b) meets the requirements of election registration;
330          (c) is registered to vote; and
331          (d) is listed in the official register book.
332          (85) "Voter registration deadline" means the registration deadline provided in Section
333     20A-2-102.5.
334          (86) "Voting area" means the area within six feet of the voting booths, voting
335     machines, and ballot box.
336          (87) "Voting booth" means:
337          (a) the space or compartment within a polling place that is provided for the preparation

338     of ballots, including the voting machine enclosure or curtain; or
339          (b) a voting device that is free standing.
340          (88) "Voting device" means:
341          (a) an apparatus in which ballot sheets are used in connection with a punch device for
342     piercing the ballots by the voter;
343          (b) a device for marking the ballots with ink or another substance;
344          (c) an electronic voting device or other device used to make selections and cast a ballot
345     electronically, or any component thereof;
346          (d) an automated voting system under Section 20A-5-302; or
347          (e) any other method for recording votes on ballots so that the ballot may be tabulated
348     by means of automatic tabulating equipment.
349          (89) "Voting machine" means a machine designed for the sole purpose of recording
350     and tabulating votes cast by voters at an election.
351          (90) "Voting precinct" means the smallest voting unit established as provided by law
352     within which qualified voters vote at one polling place.
353          (91) "Watcher" means an individual who complies with the requirements described in
354     Section 20A-3-201 to become a watcher for an election.
355          (92) "Write-in ballot" means a ballot containing any write-in votes.
356          (93) "Write-in vote" means a vote cast for a person whose name is not printed on the
357     ballot according to the procedures established in this title.
358          Section 2. Section 20A-1-201.5 is amended to read:
359          20A-1-201.5. Primary election dates.
360          (1) [A] Except as provided in Subsection (4), the regular primary election shall be held
361     throughout the state on the fourth Tuesday of June of each even numbered year as provided in
362     Section 20A-9-403, 20A-9-407, or 20A-9-408, as applicable, to nominate persons for:
363          (a) national, state, school board, and county offices; and
364          (b) offices for a metro township, city, or town incorporated under Section 10-2a-404.
365          (2) A municipal primary election shall be held, if necessary, on the second Tuesday
366     following the first Monday in August before the regular municipal election to nominate persons
367     for municipal offices.
368          (3) A presidential primary election shall be held throughout the state on the first

369     Tuesday in March in the year in which a presidential election will be held.
370          (4) In 2020, the regular primary election shall be held throughout the state on June 30,
371     as provided in Section 20A-9-403, 20A-9-407, or 20A-9-408, as applicable, to nominate
372     persons for:
373          (a) national, state, school board, and county offices; and
374          (b) offices for a metro township, city, or town incorporated under Section 10-2a-404.
375          Section 3. Section 20A-1-204 is amended to read:
376          20A-1-204. Date of special election -- Legal effect.
377          (1) (a) Except as provided by Subsection (1)(d), the governor, Legislature, or the
378     legislative body of a local political subdivision calling a statewide special election or local
379     special election under Section 20A-1-203 shall schedule the special election to be held on:
380          (i) in a year other than 2020, the fourth Tuesday in June; [or]
381          (ii) in 2020, June 30; or
382          [(ii)] (iii) in any year, the first Tuesday after the first Monday in November.
383          (b) Except as provided in Subsection (1)(c), the governor, Legislature, or the legislative
384     body of a local political subdivision calling a statewide special election or local special election
385     under Section 20A-1-203 may not schedule a special election to be held on any other date.
386          (c) (i) Notwithstanding the requirements of Subsection (1)(b) or (1)(d), the legislative
387     body of a local political subdivision may call a local special election on a date other than those
388     specified in this section if the legislative body:
389          (A) determines and declares that there is a disaster, as defined in Section 53-2a-102,
390     requiring that a special election be held on a date other than the ones authorized in statute;
391          (B) identifies specifically the nature of the disaster, as defined in Section 53-2a-102,
392     and the reasons for holding the special election on that other date; and
393          (C) votes unanimously to hold the special election on that other date.
394          (ii) The legislative body of a local political subdivision may not hold a local special
395     election on the same date as the presidential primary election conducted under Chapter 9, Part
396     8, Presidential Primary Election.
397          (d) The legislative body of a local political subdivision may only call a special election
398     for a ballot proposition related to a bond, debt, leeway, levy, or tax on the first Tuesday after
399     the first Monday in November.

400          (e) Nothing in this section prohibits:
401          (i) the governor or Legislature from submitting a matter to the voters at the regular
402     general election if authorized by law; or
403          (ii) a local government from submitting a matter to the voters at the regular municipal
404     election if authorized by law.
405          (2) (a) Two or more entities shall comply with Subsection (2)(b) if those entities hold a
406     special election within a county on the same day as:
407          (i) another special election;
408          (ii) a regular general election; or
409          (iii) a municipal general election.
410          (b) Entities described in Subsection (2)(a) shall, to the extent practicable, coordinate:
411          (i) polling places;
412          (ii) ballots;
413          (iii) election officials; and
414          (iv) other administrative and procedural matters connected with the election.
415          Section 4. Section 20A-1-503 is amended to read:
416          20A-1-503. Midterm vacancies in the Legislature.
417          (1) As used in this section:
418          (a) "Filing deadline" means the final date for filing:
419          (i) a declaration of candidacy as provided in Section 20A-9-202; and
420          (ii) a certificate of nomination as provided in Section 20A-9-503.
421          (b) "Party liaison" means the political party officer designated to serve as a liaison with
422     the lieutenant governor on all matters relating to the political party's relationship with the state
423     as required by Section 20A-8-401.
424          (2) When a vacancy occurs for any reason in the office of representative in the
425     Legislature, the governor shall fill the vacancy by immediately appointing the person whose
426     name was submitted by the party liaison of the same political party as the prior representative.
427          (3) (a) Except as provided by Subsection (5), when a vacancy occurs for any reason in
428     the office of senator in the Legislature, it shall be filled for the unexpired term at the next
429     regular general election.
430          (b) The governor shall fill the vacancy until the next regular general election by

431     immediately appointing the person whose name was submitted by the party liaison of the same
432     political party as the prior senator.
433          (4) (a) If a vacancy described in Subsection (3)(a) occurs after the filing deadline but
434     before August 31 of an even-numbered year in which the term of office does not expire, the
435     lieutenant governor shall:
436          (i) establish a date and time, which is before the date for a candidate to be certified for
437     the ballot under Section 20A-9-701 and no later than 21 days after the day on which the
438     vacancy occurred, by which a person intending to obtain a position on the ballot for the vacant
439     office shall file:
440          (A) a declaration of candidacy; or
441          (B) a certificate of nomination; and
442          (ii) give notice of the vacancy and the date and time described in Subsection (4)(a)(i):
443          (A) on the lieutenant governor's website; and
444          (B) to each registered political party.
445          (b) A person intending to obtain a position on the ballot for the vacant office shall:
446          (i) before the date and time specified in Subsection (4)(a)(i), file a declaration of
447     candidacy or certificate of nomination according to the procedures and requirements of Chapter
448     9, Candidate Qualifications and Nominating Procedures; and
449          (ii) run in the regular general election if:
450          (A) nominated as a party candidate; or
451          (B) qualified as an unaffiliated candidate as provided by Chapter 9, Candidate
452     Qualifications and Nominating Procedures.
453          (c) If a vacancy described in Subsection (3)(a) occurs [on or] after the [first Monday
454     after the third Saturday in April] deadline described in Subsection 20A-9-202(1)(b)(i) or (ii)
455     and before August 31, of an even-numbered year in which the term of office does not expire, a
456     party liaison from each registered political party may submit a name of a person described in
457     Subsection (4)(b) to the lieutenant governor before 5 p.m. no later than August 30 for
458     placement on the regular general election ballot.
459          (5) If a vacancy described in Subsection (3)(a) occurs on or after August 31 of an
460     even-numbered year in which a term does not expire, the governor shall fill the vacancy for the
461     unexpired term by immediately appointing the person whose name was submitted by the party

462     liaison of the same political party as the prior senator.
463          Section 5. Section 20A-9-201 (Superseded 01/01/20) is amended to read:
464          20A-9-201 (Superseded 01/01/20). Declarations of candidacy -- Candidacy for
465     more than one office or of more than one political party prohibited with exceptions --
466     General filing and form requirements -- Affidavit of impecuniosity.
467          (1) Before filing a declaration of candidacy for election to any office, an individual
468     shall:
469          (a) be a United States citizen;
470          (b) meet the legal requirements of that office; and
471          (c) if seeking a registered political party's nomination as a candidate for elective office,
472     state:
473          (i) the registered political party of which the individual is a member; or
474          (ii) that the individual is not a member of a registered political party.
475          (2) (a) Except as provided in Subsection (2)(b), an individual may not:
476          (i) file a declaration of candidacy for, or be a candidate for, more than one office in
477     Utah during any election year;
478          (ii) appear on the ballot as the candidate of more than one political party; or
479          (iii) file a declaration of candidacy for a registered political party of which the
480     individual is not a member, except to the extent that the registered political party permits
481     otherwise in the registered political party's bylaws.
482          (b) (i) An individual may file a declaration of candidacy for, or be a candidate for,
483     president or vice president of the United States and another office, if the individual resigns the
484     individual's candidacy for the other office after the individual is officially nominated for
485     president or vice president of the United States.
486          (ii) An individual may file a declaration of candidacy for, or be a candidate for, more
487     than one justice court judge office.
488          (iii) An individual may file a declaration of candidacy for lieutenant governor even if
489     the individual filed a declaration of candidacy for another office in the same election year if the
490     individual withdraws as a candidate for the other office in accordance with Subsection
491     20A-9-202(6) before filing the declaration of candidacy for lieutenant governor.
492          (3) (a) Except for a candidate for president or vice president of the United States,

493     before the filing officer may accept any declaration of candidacy, the filing officer shall:
494          (i) read to the individual the constitutional and statutory qualification requirements for
495     the office that the individual is seeking;
496          (ii) require the individual to state whether the individual meets those requirements; and
497          (iii) if the declaration of candidacy is for a legislative office, inform the individual that
498     Utah Constitution, Article VI, Section 6, prohibits a person who holds a public office of profit
499     or trust, under authority of the United States or Utah, from being a member of the Legislature.
500          (b) Before accepting a declaration of candidacy for the office of county attorney, the
501     county clerk shall ensure that the individual filing that declaration of candidacy is:
502          (i) a United States citizen;
503          (ii) an attorney licensed to practice law in the state who is an active member in good
504     standing of the Utah State Bar;
505          (iii) a registered voter in the county in which the individual is seeking office; and
506          (iv) a current resident of the county in which the individual is seeking office and either
507     has been a resident of that county for at least one year or was appointed and is currently serving
508     as county attorney and became a resident of the county within 30 days after appointment to the
509     office.
510          (c) Before accepting a declaration of candidacy for the office of district attorney, the
511     county clerk shall ensure that, as of the date of the election, the individual filing that
512     declaration of candidacy is:
513          (i) a United States citizen;
514          (ii) an attorney licensed to practice law in the state who is an active member in good
515     standing of the Utah State Bar;
516          (iii) a registered voter in the prosecution district in which the individual is seeking
517     office; and
518          (iv) a current resident of the prosecution district in which the individual is seeking
519     office and either will have been a resident of that prosecution district for at least one year as of
520     the date of the election or was appointed and is currently serving as district attorney and
521     became a resident of the prosecution district within 30 days after receiving appointment to the
522     office.
523          (d) Before accepting a declaration of candidacy for the office of county sheriff, the

524     county clerk shall ensure that the individual filing the declaration:
525          (i) is a United States citizen;
526          (ii) is a registered voter in the county in which the individual seeks office;
527          (iii) (A) has successfully met the standards and training requirements established for
528     law enforcement officers under Title 53, Chapter 6, Part 2, Peace Officer Training and
529     Certification Act; or
530          (B) has met the waiver requirements in Section 53-6-206;
531          (iv) is qualified to be certified as a law enforcement officer, as defined in Section
532     53-13-103; and
533          (v) as of the date of the election, will have been a resident of the county in which the
534     individual seeks office for at least one year.
535          (e) Before accepting a declaration of candidacy for the office of governor, lieutenant
536     governor, state auditor, state treasurer, attorney general, state legislator, or State Board of
537     Education member, the filing officer shall ensure:
538          (i) that the individual filing the declaration of candidacy also makes the conflict of
539     interest disclosure required by Section 20A-11-1603; and
540          (ii) until January 1, 2020, if the filing officer is not the lieutenant governor, that the
541     individual provides the conflict of interest disclosure form to the lieutenant governor in
542     accordance with Section 20A-11-1603.
543          (4) If an individual who files a declaration of candidacy does not meet the qualification
544     requirements for the office the individual is seeking, the filing officer may not accept the
545     individual's declaration of candidacy.
546          (5) If an individual who files a declaration of candidacy meets the requirements
547     described in Subsection (3), the filing officer shall:
548          (a) inform the individual that:
549          (i) the individual's name will appear on the ballot as the individual's name is written on
550     the individual's declaration of candidacy;
551          (ii) the individual may be required to comply with state or local campaign finance
552     disclosure laws; and
553          (iii) the individual is required to file a financial statement before the individual's
554     political convention under:

555          (A) Section 20A-11-204 for a candidate for constitutional office;
556          (B) Section 20A-11-303 for a candidate for the Legislature; or
557          (C) local campaign finance disclosure laws, if applicable;
558          (b) except for a presidential candidate, provide the individual with a copy of the current
559     campaign financial disclosure laws for the office the individual is seeking and inform the
560     individual that failure to comply will result in disqualification as a candidate and removal of
561     the individual's name from the ballot;
562          (c) provide the individual with a copy of Section 20A-7-801 regarding the Statewide
563     Electronic Voter Information Website Program and inform the individual of the submission
564     deadline under Subsection 20A-7-801(4)(a);
565          (d) provide the candidate with a copy of the pledge of fair campaign practices
566     described under Section 20A-9-206 and inform the candidate that:
567          (i) signing the pledge is voluntary; and
568          (ii) signed pledges shall be filed with the filing officer;
569          (e) accept the individual's declaration of candidacy; and
570          (f) if the individual has filed for a partisan office, provide a certified copy of the
571     declaration of candidacy to the chair of the county or state political party of which the
572     individual is a member.
573          (6) If the candidate elects to sign the pledge of fair campaign practices, the filing
574     officer shall:
575          (a) accept the candidate's pledge; and
576          (b) if the candidate has filed for a partisan office, provide a certified copy of the
577     candidate's pledge to the chair of the county or state political party of which the candidate is a
578     member.
579          (7) (a) Except for a candidate for president or vice president of the United States, the
580     form of the declaration of candidacy shall:
581          (i) be substantially as follows:
582          "State of Utah, County of ____
583               I, ______________, declare my candidacy for the office of ____, seeking the
584     nomination of the ____ party. I do solemnly swear that: I will meet the qualifications to
585     hold the office, both legally and constitutionally, if selected; I reside at _____________

586     in the City or Town of ____, Utah, Zip Code ____ Phone No. ____; I will not knowingly
587     violate any law governing campaigns and elections; if filing via a designated agent, I will be
588     out of the state of Utah during the entire candidate filing period; I will file all campaign
589     financial disclosure reports as required by law; and I understand that failure to do so will result
590     in my disqualification as a candidate for this office and removal of my name from the ballot.
591     The mailing address that I designate for receiving official election notices is
592     ___________________________.
593     ____________________________________________________________________
594          Subscribed and sworn before me this __________(month\day\year).
595     
Notary Public (or other officer qualified to administer oath)."; and

596          (ii) require the candidate to state, in the sworn statement described in Subsection
597     (7)(a)(i):
598          (A) the registered political party of which the candidate is a member; or
599          (B) that the candidate is not a member of a registered political party.
600          (b) An agent designated under Subsection 20A-9-202(1)[(b)](c) to file a declaration of
601     candidacy may not sign the form described in Subsection (7)(a) or Section 20A-9-408.5.
602          (8) (a) Except for presidential candidates, the fee for filing a declaration of candidacy
603     is:
604          (i) $50 for candidates for the local school district board; and
605          (ii) $50 plus 1/8 of 1% of the total salary for the full term of office legally paid to the
606     person holding the office for all other federal, state, and county offices.
607          (b) Except for presidential candidates, the filing officer shall refund the filing fee to
608     any candidate:
609          (i) who is disqualified; or
610          (ii) who the filing officer determines has filed improperly.
611          (c) (i) The county clerk shall immediately pay to the county treasurer all fees received
612     from candidates.
613          (ii) The lieutenant governor shall:
614          (A) apportion to and pay to the county treasurers of the various counties all fees
615     received for filing of nomination certificates or acceptances; and
616          (B) ensure that each county receives that proportion of the total amount paid to the

617     lieutenant governor from the congressional district that the total vote of that county for all
618     candidates for representative in Congress bears to the total vote of all counties within the
619     congressional district for all candidates for representative in Congress.
620          (d) (i) A person who is unable to pay the filing fee may file a declaration of candidacy
621     without payment of the filing fee upon a prima facie showing of impecuniosity as evidenced by
622     an affidavit of impecuniosity filed with the filing officer and, if requested by the filing officer,
623     a financial statement filed at the time the affidavit is submitted.
624          (ii) A person who is able to pay the filing fee may not claim impecuniosity.
625          (iii) (A) False statements made on an affidavit of impecuniosity or a financial
626     statement filed under this section shall be subject to the criminal penalties provided under
627     Sections 76-8-503 and 76-8-504 and any other applicable criminal provision.
628          (B) Conviction of a criminal offense under Subsection (8)(d)(iii)(A) shall be
629     considered an offense under this title for the purposes of assessing the penalties provided in
630     Subsection 20A-1-609(2).
631          (iv) The filing officer shall ensure that the affidavit of impecuniosity is printed in
632     substantially the following form:
633          "Affidavit of Impecuniosity
634     Individual Name
635     ____________________________Address_____________________________
636     Phone Number _________________
637     I,__________________________(name), do solemnly [swear] [affirm], under penalty of law
638     for false statements, that, owing to my poverty, I am unable to pay the filing fee required by
639     law.
640     Date ______________ Signature________________________________________________
641     Affiant
642     Subscribed and sworn to before me on ___________ (month\day\year)
643     
______________________

644     
(signature)

645          Name and Title of Officer Authorized to Administer Oath
______________________"

646          (v) The filing officer shall provide to a person who requests an affidavit of
647     impecuniosity a statement printed in substantially the following form, which may be included

648     on the affidavit of impecuniosity:
649          "Filing a false statement is a criminal offense. In accordance with Section 20A-1-609, a
650     candidate who is found guilty of filing a false statement, in addition to being subject to criminal
651     penalties, will be removed from the ballot."
652          (vi) The filing officer may request that a person who makes a claim of impecuniosity
653     under this Subsection (8)(d) file a financial statement on a form prepared by the election
654     official.
655          (9) An individual who fails to file a declaration of candidacy or certificate of
656     nomination within the time provided in this chapter is ineligible for nomination to office.
657          (10) A declaration of candidacy filed under this section may not be amended or
658     modified after the final date established for filing a declaration of candidacy.
659          Section 6. Section 20A-9-201 (Effective 01/01/20) is amended to read:
660          20A-9-201 (Effective 01/01/20). Declarations of candidacy -- Candidacy for more
661     than one office or of more than one political party prohibited with exceptions -- General
662     filing and form requirements -- Affidavit of impecuniosity.
663          (1) Before filing a declaration of candidacy for election to any office, an individual
664     shall:
665          (a) be a United States citizen;
666          (b) meet the legal requirements of that office; and
667          (c) if seeking a registered political party's nomination as a candidate for elective office,
668     state:
669          (i) the registered political party of which the individual is a member; or
670          (ii) that the individual is not a member of a registered political party.
671          (2) (a) Except as provided in Subsection (2)(b), an individual may not:
672          (i) file a declaration of candidacy for, or be a candidate for, more than one office in
673     Utah during any election year;
674          (ii) appear on the ballot as the candidate of more than one political party; or
675          (iii) file a declaration of candidacy for a registered political party of which the
676     individual is not a member, except to the extent that the registered political party permits
677     otherwise in the registered political party's bylaws.
678          (b) (i) An individual may file a declaration of candidacy for, or be a candidate for,

679     president or vice president of the United States and another office, if the individual resigns the
680     individual's candidacy for the other office after the individual is officially nominated for
681     president or vice president of the United States.
682          (ii) An individual may file a declaration of candidacy for, or be a candidate for, more
683     than one justice court judge office.
684          (iii) An individual may file a declaration of candidacy for lieutenant governor even if
685     the individual filed a declaration of candidacy for another office in the same election year if the
686     individual withdraws as a candidate for the other office in accordance with Subsection
687     20A-9-202(6) before filing the declaration of candidacy for lieutenant governor.
688          (3) (a) Except for a candidate for president or vice president of the United States,
689     before the filing officer may accept any declaration of candidacy, the filing officer shall:
690          (i) read to the individual the constitutional and statutory qualification requirements for
691     the office that the individual is seeking;
692          (ii) require the individual to state whether the individual meets the requirements
693     described in Subsection (3)(a)(i); and
694          (iii) if the declaration of candidacy is for a county office, inform the individual that an
695     individual who holds a county elected office may not, at the same time, hold a municipal
696     elected office.
697          (iv) if the declaration of candidacy is for a legislative office, inform the individual that
698     Utah Constitution, Article VI, Section 6, prohibits a person who holds a public office of profit
699     or trust, under authority of the United States or Utah, from being a member of the Legislature.
700          (b) Before accepting a declaration of candidacy for the office of county attorney, the
701     county clerk shall ensure that the individual filing that declaration of candidacy is:
702          (i) a United States citizen;
703          (ii) an attorney licensed to practice law in the state who is an active member in good
704     standing of the Utah State Bar;
705          (iii) a registered voter in the county in which the individual is seeking office; and
706          (iv) a current resident of the county in which the individual is seeking office and either
707     has been a resident of that county for at least one year or was appointed and is currently serving
708     as county attorney and became a resident of the county within 30 days after appointment to the
709     office.

710          (c) Before accepting a declaration of candidacy for the office of district attorney, the
711     county clerk shall ensure that, as of the date of the election, the individual filing that
712     declaration of candidacy is:
713          (i) a United States citizen;
714          (ii) an attorney licensed to practice law in the state who is an active member in good
715     standing of the Utah State Bar;
716          (iii) a registered voter in the prosecution district in which the individual is seeking
717     office; and
718          (iv) a current resident of the prosecution district in which the individual is seeking
719     office and either will have been a resident of that prosecution district for at least one year as of
720     the date of the election or was appointed and is currently serving as district attorney and
721     became a resident of the prosecution district within 30 days after receiving appointment to the
722     office.
723          (d) Before accepting a declaration of candidacy for the office of county sheriff, the
724     county clerk shall ensure that the individual filing the declaration:
725          (i) is a United States citizen;
726          (ii) is a registered voter in the county in which the individual seeks office;
727          (iii) (A) has successfully met the standards and training requirements established for
728     law enforcement officers under Title 53, Chapter 6, Part 2, Peace Officer Training and
729     Certification Act; or
730          (B) has met the waiver requirements in Section 53-6-206;
731          (iv) is qualified to be certified as a law enforcement officer, as defined in Section
732     53-13-103; and
733          (v) as of the date of the election, will have been a resident of the county in which the
734     individual seeks office for at least one year.
735          (e) Before accepting a declaration of candidacy for the office of governor, lieutenant
736     governor, state auditor, state treasurer, attorney general, state legislator, or State Board of
737     Education member, the filing officer shall ensure:
738          (i) that the individual filing the declaration of candidacy also makes the conflict of
739     interest disclosure required by Section 20A-11-1603; and
740          (ii) until January 1, 2020, if the filing officer is not the lieutenant governor, that the

741     individual provides the conflict of interest disclosure form to the lieutenant governor in
742     accordance with Section 20A-11-1603.
743          (4) If an individual who files a declaration of candidacy does not meet the qualification
744     requirements for the office the individual is seeking, the filing officer may not accept the
745     individual's declaration of candidacy.
746          (5) If an individual who files a declaration of candidacy meets the requirements
747     described in Subsection (3), the filing officer shall:
748          (a) inform the individual that:
749          (i) the individual's name will appear on the ballot as the individual's name is written on
750     the individual's declaration of candidacy;
751          (ii) the individual may be required to comply with state or local campaign finance
752     disclosure laws; and
753          (iii) the individual is required to file a financial statement before the individual's
754     political convention under:
755          (A) Section 20A-11-204 for a candidate for constitutional office;
756          (B) Section 20A-11-303 for a candidate for the Legislature; or
757          (C) local campaign finance disclosure laws, if applicable;
758          (b) except for a presidential candidate, provide the individual with a copy of the current
759     campaign financial disclosure laws for the office the individual is seeking and inform the
760     individual that failure to comply will result in disqualification as a candidate and removal of
761     the individual's name from the ballot;
762          (c) provide the individual with a copy of Section 20A-7-801 regarding the Statewide
763     Electronic Voter Information Website Program and inform the individual of the submission
764     deadline under Subsection 20A-7-801(4)(a);
765          (d) provide the candidate with a copy of the pledge of fair campaign practices
766     described under Section 20A-9-206 and inform the candidate that:
767          (i) signing the pledge is voluntary; and
768          (ii) signed pledges shall be filed with the filing officer;
769          (e) accept the individual's declaration of candidacy; and
770          (f) if the individual has filed for a partisan office, provide a certified copy of the
771     declaration of candidacy to the chair of the county or state political party of which the

772     individual is a member.
773          (6) If the candidate elects to sign the pledge of fair campaign practices, the filing
774     officer shall:
775          (a) accept the candidate's pledge; and
776          (b) if the candidate has filed for a partisan office, provide a certified copy of the
777     candidate's pledge to the chair of the county or state political party of which the candidate is a
778     member.
779          (7) (a) Except for a candidate for president or vice president of the United States, the
780     form of the declaration of candidacy shall:
781          (i) be substantially as follows:
782          "State of Utah, County of ____
783               I, ______________, declare my candidacy for the office of ____, seeking the
784     nomination of the ____ party. I do solemnly swear that: I will meet the qualifications to
785     hold the office, both legally and constitutionally, if selected; I reside at _____________
786     in the City or Town of ____, Utah, Zip Code ____ Phone No. ____; I will not
787     knowingly violate any law governing campaigns and elections; if filing via a designated
788     agent, I will be out of the state of Utah during the entire candidate filing period; I will
789     file all campaign financial disclosure reports as required by law; and I understand that
790     failure to do so will result in my disqualification as a candidate for this office and
791     removal of my name from the ballot. The mailing address that I designate for receiving
792     official election notices is ___________________________.
793     ____________________________________________________________________
794          Subscribed and sworn before me this __________(month\day\year).
795     
Notary Public (or other officer qualified to administer oath)."; and

796          (ii) require the candidate to state, in the sworn statement described in Subsection
797     (7)(a)(i):
798          (A) the registered political party of which the candidate is a member; or
799          (B) that the candidate is not a member of a registered political party.
800          (b) An agent designated under Subsection 20A-9-202(1)[(b)](c) to file a declaration of
801     candidacy may not sign the form described in Subsection (7)(a) or Section 20A-9-408.5.
802          (8) (a) Except for presidential candidates, the fee for filing a declaration of candidacy

803     is:
804          (i) $50 for candidates for the local school district board; and
805          (ii) $50 plus 1/8 of 1% of the total salary for the full term of office legally paid to the
806     person holding the office for all other federal, state, and county offices.
807          (b) Except for presidential candidates, the filing officer shall refund the filing fee to
808     any candidate:
809          (i) who is disqualified; or
810          (ii) who the filing officer determines has filed improperly.
811          (c) (i) The county clerk shall immediately pay to the county treasurer all fees received
812     from candidates.
813          (ii) The lieutenant governor shall:
814          (A) apportion to and pay to the county treasurers of the various counties all fees
815     received for filing of nomination certificates or acceptances; and
816          (B) ensure that each county receives that proportion of the total amount paid to the
817     lieutenant governor from the congressional district that the total vote of that county for all
818     candidates for representative in Congress bears to the total vote of all counties within the
819     congressional district for all candidates for representative in Congress.
820          (d) (i) A person who is unable to pay the filing fee may file a declaration of candidacy
821     without payment of the filing fee upon a prima facie showing of impecuniosity as evidenced by
822     an affidavit of impecuniosity filed with the filing officer and, if requested by the filing officer,
823     a financial statement filed at the time the affidavit is submitted.
824          (ii) A person who is able to pay the filing fee may not claim impecuniosity.
825          (iii) (A) False statements made on an affidavit of impecuniosity or a financial
826     statement filed under this section shall be subject to the criminal penalties provided under
827     Sections 76-8-503 and 76-8-504 and any other applicable criminal provision.
828          (B) Conviction of a criminal offense under Subsection (8)(d)(iii)(A) shall be
829     considered an offense under this title for the purposes of assessing the penalties provided in
830     Subsection 20A-1-609(2).
831          (iv) The filing officer shall ensure that the affidavit of impecuniosity is printed in
832     substantially the following form:
833          "Affidavit of Impecuniosity

834     Individual Name
835     ____________________________Address_____________________________
836     Phone Number _________________
837     I,__________________________(name), do solemnly [swear] [affirm], under penalty of law
838     for false statements, that, owing to my poverty, I am unable to pay the filing fee required by
839     law.
840     Date ______________ Signature________________________________________________
841     Affiant
842     Subscribed and sworn to before me on ___________ (month\day\year)
843     
______________________

844     
(signature)

845          Name and Title of Officer Authorized to Administer Oath
______________________"

846          (v) The filing officer shall provide to a person who requests an affidavit of
847     impecuniosity a statement printed in substantially the following form, which may be included
848     on the affidavit of impecuniosity:
849          "Filing a false statement is a criminal offense. In accordance with Section 20A-1-609, a
850     candidate who is found guilty of filing a false statement, in addition to being subject to criminal
851     penalties, will be removed from the ballot."
852          (vi) The filing officer may request that a person who makes a claim of impecuniosity
853     under this Subsection (8)(d) file a financial statement on a form prepared by the election
854     official.
855          (9) An individual who fails to file a declaration of candidacy or certificate of
856     nomination within the time provided in this chapter is ineligible for nomination to office.
857          (10) A declaration of candidacy filed under this section may not be amended or
858     modified after the final date established for filing a declaration of candidacy.
859          Section 7. Section 20A-9-202 is amended to read:
860          20A-9-202. Declarations of candidacy for regular general elections.
861          (1) (a) An individual seeking to become a candidate for an elective office that is to be
862     filled at the next regular general election shall:
863          (i) except as provided in Subsection (1)[(b)](c), file a declaration of candidacy in
864     person with the filing officer on or after January 1 of the regular general election year, and, if

865     applicable, before the individual circulates nomination petitions under Section 20A-9-405; and
866          (ii) pay the filing fee.
867          (b) Unless expressly provided otherwise in this title, for a registered political party that
868     is not a qualified political party, the deadline for filing a declaration of candidacy for an
869     elective office that is to be filled at the next regular general election is:
870          (i) in a year other than 2020, 5 p.m. on the first Monday after the third Saturday in
871     April; or
872          (ii) in 2020, before 5 p.m. April 27.
873          [(b)] (c) Subject to Subsection 20A-9-201(7)(b), an individual may designate an agent
874     to file a declaration of candidacy with the filing officer if:
875          (i) the individual is located outside of the state during the entire filing period;
876          (ii) the designated agent appears in person before the filing officer;
877          (iii) the individual communicates with the filing officer using an electronic device that
878     allows the individual and filing officer to see and hear each other; and
879          (iv) the individual provides the filing officer with an email address to which the filing
880     officer may send the individual the copies described in Subsection 20A-9-201(5).
881          [(c)] (d) Each county clerk who receives a declaration of candidacy from a candidate
882     for multicounty office shall transmit the filing fee and a copy of the candidate's declaration of
883     candidacy to the lieutenant governor within one business day after the candidate files the
884     declaration of candidacy.
885          [(d)] (e) Each day during the filing period, each county clerk shall notify the lieutenant
886     governor electronically or by telephone of candidates who have filed a declaration of candidacy
887     with the county clerk.
888          [(e)] (f) Each individual seeking the office of lieutenant governor, the office of district
889     attorney, or the office of president or vice president of the United States shall comply with the
890     specific declaration of candidacy requirements established by this section.
891          (2) (a) Each individual intending to become a candidate for the office of district
892     attorney within a multicounty prosecution district that is to be filled at the next regular general
893     election shall:
894          (i) file a declaration of candidacy with the clerk designated in the interlocal agreement
895     creating the prosecution district on or after January 1 of the regular general election year, and

896     before the individual circulates nomination petitions under Section 20A-9-405; and
897          (ii) pay the filing fee.
898          (b) The designated clerk shall provide to the county clerk of each county in the
899     prosecution district a certified copy of each declaration of candidacy filed for the office of
900     district attorney.
901          (3) (a) Before [5 p.m. no later than the first Monday after the third Saturday in April]
902     the deadline described in Subsection (1)(b)(i) or (ii), each lieutenant governor candidate shall:
903          (i) file a declaration of candidacy with the lieutenant governor;
904          (ii) pay the filing fee; and
905          (iii) submit a letter from a candidate for governor who has received certification for the
906     primary-election ballot under Section 20A-9-403 that names the lieutenant governor candidate
907     as a joint-ticket running mate.
908          (b) (i) A candidate for lieutenant governor who fails to timely file is disqualified.
909          (ii) If a candidate for lieutenant governor is disqualified, another candidate may file to
910     replace the disqualified candidate.
911          (4) Before 5 p.m. no later than August 31, each registered political party shall:
912          (a) certify the names of the political party's candidates for president and vice president
913     of the United States to the lieutenant governor; or
914          (b) provide written authorization for the lieutenant governor to accept the certification
915     of candidates for president and vice president of the United States from the national office of
916     the registered political party.
917          (5) (a) A declaration of candidacy filed under this section is valid unless a written
918     objection is filed with the clerk or lieutenant governor before 5 p.m. within five days after the
919     last day for filing.
920          (b) If an objection is made, the clerk or lieutenant governor shall:
921          (i) mail or personally deliver notice of the objection to the affected candidate
922     immediately; and
923          (ii) decide any objection within 48 hours after it is filed.
924          (c) If the clerk or lieutenant governor sustains the objection, the candidate may cure the
925     problem by amending the declaration or petition before 5 p.m. within three days after the day
926     on which the objection is sustained or by filing a new declaration before 5 p.m. within three

927     days after the day on which the objection is sustained.
928          (d) (i) The clerk's or lieutenant governor's decision upon objections to form is final.
929          (ii) The clerk's or lieutenant governor's decision upon substantive matters is reviewable
930     by a district court if prompt application is made to the court.
931          (iii) The decision of the district court is final unless the Supreme Court, in the exercise
932     of its discretion, agrees to review the lower court decision.
933          (6) Any person who filed a declaration of candidacy may withdraw as a candidate by
934     filing a written affidavit with the clerk.
935          (7) (a) Except for a candidate who is certified by a registered political party under
936     Subsection (4), and except as provided in Section 20A-9-504, before 5 p.m. no later than
937     August 31 of a general election year, each individual running as a candidate for vice president
938     of the United States shall:
939          (i) file a declaration of candidacy, in person or via a designated agent, on a form
940     developed by the lieutenant governor, that:
941          (A) contains the individual's name, address, and telephone number;
942          (B) states that the individual meets the qualifications for the office of vice president of
943     the United States;
944          (C) names the presidential candidate, who has qualified for the general election ballot,
945     with which the individual is running as a joint-ticket running mate;
946          (D) states that the individual agrees to be the running mate of the presidential candidate
947     described in Subsection (7)(a)(i)(C); and
948          (E) contains any other necessary information identified by the lieutenant governor;
949          (ii) pay the filing fee, if applicable; and
950          (iii) submit a letter from the presidential candidate described in Subsection (7)(a)(i)(C)
951     that names the individual as a joint-ticket running mate as a vice presidential candidate.
952          (b) A designated agent described in Subsection (7)(a)(i) may not sign the declaration of
953     candidacy.
954          (c) A vice presidential candidate who fails to meet the requirements described in this
955     Subsection (7) may not appear on the general election ballot.
956          Section 8. Section 20A-9-403 is amended to read:
957          20A-9-403. Regular primary elections.

958          (1) (a) Candidates for elective office that are to be filled at the next regular general
959     election shall be nominated in a regular primary election by direct vote of the people in the
960     manner prescribed in this section. The [fourth Tuesday of June of each even-numbered year is
961     designated as] regular primary election [day] is held on the date specified in Section
962     20A-1-201.5. Nothing in this section shall affect a candidate's ability to qualify for a regular
963     general election's ballot as an unaffiliated candidate under Section 20A-9-501 or to participate
964     in a regular general election as a write-in candidate under Section 20A-9-601.
965          (b) Each registered political party that chooses to have the names of the registered
966     political party's candidates for elective office featured with party affiliation on the ballot at a
967     regular general election shall comply with the requirements of this section and shall nominate
968     the registered political party's candidates for elective office in the manner described in this
969     section.
970          (c) A filing officer may not permit an official ballot at a regular general election to be
971     produced or used if the ballot denotes affiliation between a registered political party or any
972     other political group and a candidate for elective office who is not nominated in the manner
973     prescribed in this section or in Subsection 20A-9-202(4).
974          (d) Unless noted otherwise, the dates in this section refer to those that occur in each
975     even-numbered year in which a regular general election will be held.
976          (2) (a) Each registered political party, in a statement filed with the lieutenant governor,
977     shall:
978          (i) either declare the registered political party's intent to participate in the next regular
979     primary election or declare that the registered political party chooses not to have the names of
980     the registered political party's candidates for elective office featured on the ballot at the next
981     regular general election; and
982          (ii) if the registered political party participates in the upcoming regular primary
983     election, identify one or more registered political parties whose members may vote for the
984     registered political party's candidates and whether individuals identified as unaffiliated with a
985     political party may vote for the registered political party's candidates.
986          (b) (i) A registered political party that is a continuing political party shall file the
987     statement described in Subsection (2)(a) with the lieutenant governor no later than 5 p.m. on
988     November 30 of each odd-numbered year.

989          (ii) An organization that is seeking to become a registered political party under Section
990     20A-8-103 shall file the statement described in Subsection (2)(a) at the time that the registered
991     political party files the petition described in Section 20A-8-103.
992          (3) (a) Except as provided in Subsection (3)(e), an individual who submits a
993     declaration of candidacy under Section 20A-9-202 shall appear as a candidate for elective
994     office on the regular primary ballot of the registered political party listed on the declaration of
995     candidacy only if the individual is certified by the appropriate filing officer as having submitted
996     a set of nomination petitions that was:
997          (i) circulated and completed in accordance with Section 20A-9-405; and
998          (ii) signed by at least 2% of the registered political party's members who reside in the
999     political division of the office that the individual seeks.
1000          (b) (i) A candidate for elective office shall submit nomination petitions to the
1001     appropriate filing officer for verification and certification no later than 5 p.m. on the final day
1002     in March.
1003          (ii) A candidate may supplement the candidate's submissions at any time on or before
1004     the filing deadline.
1005          (c) (i) The lieutenant governor shall determine for each elective office the total number
1006     of signatures that must be submitted under Subsection (3)(a)(ii) by counting the aggregate
1007     number of individuals residing in each elective office's political division who have designated a
1008     particular registered political party on the individuals' voter registration forms on or before
1009     November 15 of each odd-numbered year.
1010          (ii) The lieutenant governor shall publish the determination for each elective office no
1011     later than November 30 of each odd-numbered year.
1012          (d) The filing officer shall:
1013          (i) verify signatures on nomination petitions in a transparent and orderly manner, no
1014     later than 14 days after the day on which a candidate submits the signatures to the filing officer;
1015          (ii) for all qualifying candidates for elective office who submit nomination petitions to
1016     the filing officer, issue certifications referenced in Subsection (3)(a) no later than [5 p.m. on the
1017     first Monday after the third Saturday in April] the deadline described in Subsection
1018     20A-9-202(1)(b)(i) or (ii);
1019          (iii) consider active and inactive voters eligible to sign nomination petitions;

1020          (iv) consider an individual who signs a nomination petition a member of a registered
1021     political party for purposes of Subsection (3)(a)(ii) if the individual has designated that
1022     registered political party as the individual's party membership on the individual's voter
1023     registration form; and
1024          (v) utilize procedures described in Section 20A-7-206.3 to verify submitted nomination
1025     petition signatures, or use statistical sampling procedures to verify submitted nomination
1026     petition signatures in accordance with rules made under Subsection (3)(f).
1027          (e) Notwithstanding any other provision in this Subsection (3), a candidate for
1028     lieutenant governor may appear on the regular primary ballot of a registered political party
1029     without submitting nomination petitions if the candidate files a declaration of candidacy and
1030     complies with Subsection 20A-9-202(3).
1031          (f) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1032     director of elections, within the Office of the Lieutenant Governor, may make rules that:
1033          (i) provide for the use of statistical sampling procedures that:
1034          (A) filing officers are required to use to verify signatures under Subsection (3)(d); and
1035          (B) reflect a bona fide effort to determine the validity of a candidate's entire
1036     submission, using widely recognized statistical sampling techniques; and
1037          (ii) provide for the transparent, orderly, and timely submission, verification, and
1038     certification of nomination petition signatures.
1039          (g) The county clerk shall:
1040          (i) review the declarations of candidacy filed by candidates for local boards of
1041     education to determine if more than two candidates have filed for the same seat;
1042          (ii) place the names of all candidates who have filed a declaration of candidacy for a
1043     local board of education seat on the nonpartisan section of the ballot if more than two
1044     candidates have filed for the same seat; and
1045          (iii) determine the order of the local board of education candidates' names on the ballot
1046     in accordance with Section 20A-6-305.
1047          (4) (a) [By 5 p.m. on the first Wednesday after the third Saturday in April] Before the
1048     deadline described in Subsection 20A-9-409(4)(c), the lieutenant governor shall provide to the
1049     county clerks:
1050          (i) a list of the names of all candidates for federal, constitutional, multi-county, single

1051     county, and county offices who have received certifications under Subsection (3), along with
1052     instructions on how those names shall appear on the primary election ballot in accordance with
1053     Section 20A-6-305; and
1054          (ii) a list of unopposed candidates for elective office who have been nominated by a
1055     registered political party under Subsection (5)(c) and instruct the county clerks to exclude the
1056     unopposed candidates from the primary election ballot.
1057          (b) A candidate for lieutenant governor and a candidate for governor campaigning as
1058     joint-ticket running mates shall appear jointly on the primary election ballot.
1059          (c) After the county clerk receives the certified list from the lieutenant governor under
1060     Subsection (4)(a), the county clerk shall post or publish a primary election notice in
1061     substantially the following form:
1062          "Notice is given that a primary election will be held Tuesday, June ____,
1063     ________(year), to nominate party candidates for the parties and candidates for nonpartisan
1064     local school board positions listed on the primary ballot. The polling place for voting precinct
1065     ____ is ____. The polls will open at 7 a.m. and continue open until 8 p.m. of the same day.
1066     Attest: county clerk."
1067          (5) (a) A candidate who, at the regular primary election, receives the highest number of
1068     votes cast for the office sought by the candidate is:
1069          (i) nominated for that office by the candidate's registered political party; or
1070          (ii) for a nonpartisan local school board position, nominated for that office.
1071          (b) If two or more candidates are to be elected to the office at the regular general
1072     election, those party candidates equal in number to positions to be filled who receive the
1073     highest number of votes at the regular primary election are the nominees of the candidates'
1074     party for those positions.
1075          (c) (i) As used in this Subsection (5)(c), a candidate is "unopposed" if:
1076          (A) no individual other than the candidate receives a certification under Subsection (3)
1077     for the regular primary election ballot of the candidate's registered political party for a
1078     particular elective office; or
1079          (B) for an office where more than one individual is to be elected or nominated, the
1080     number of candidates who receive certification under Subsection (3) for the regular primary
1081     election of the candidate's registered political party does not exceed the total number of

1082     candidates to be elected or nominated for that office.
1083          (ii) A candidate who is unopposed for an elective office in the regular primary election
1084     of a registered political party is nominated by the party for that office without appearing on the
1085     primary election ballot.
1086          (6) (a) When a tie vote occurs in any primary election for any national, state, or other
1087     office that represents more than one county, the governor, lieutenant governor, and attorney
1088     general shall, at a public meeting called by the governor and in the presence of the candidates
1089     involved, select the nominee by lot cast in whatever manner the governor determines.
1090          (b) When a tie vote occurs in any primary election for any county office, the district
1091     court judges of the district in which the county is located shall, at a public meeting called by
1092     the judges and in the presence of the candidates involved, select the nominee by lot cast in
1093     whatever manner the judges determine.
1094          (7) The expense of providing all ballots, blanks, or other supplies to be used at any
1095     primary election provided for by this section, and all expenses necessarily incurred in the
1096     preparation for or the conduct of that primary election shall be paid out of the treasury of the
1097     county or state, in the same manner as for the regular general elections.
1098          (8) An individual may not file a declaration of candidacy for a registered political party
1099     of which the individual is not a member, except to the extent that the registered political party
1100     permits otherwise under the registered political party's bylaws.
1101          Section 9. Section 20A-9-407 is amended to read:
1102          20A-9-407. Convention process to seek the nomination of a qualified political
1103     party.
1104          (1) This section describes the requirements for a member of a qualified political party
1105     who is seeking the nomination of a qualified political party for an elective office through the
1106     qualified political party's convention process.
1107          (2) Notwithstanding Subsection 20A-9-201(7)(a), the form of the declaration of
1108     candidacy for a member of a qualified political party who is nominated by, or who is seeking
1109     the nomination of, the qualified political party under this section shall be substantially as
1110     described in Section 20A-9-408.5.
1111          (3) Notwithstanding Subsection 20A-9-202(1)(a), and except as provided in Subsection
1112     20A-9-202(4), a member of a qualified political party who, under this section, is seeking the

1113     nomination of the qualified political party for an elective office that is to be filled at the next
1114     general election, shall:
1115          (a) except as provided in Subsection 20A-9-202(1)[(b)](c), file a declaration of
1116     candidacy in person with the filing officer on or after the second Friday in March and before 5
1117     p.m. on the third Thursday in March before the next regular general election; and
1118          (b) pay the filing fee.
1119          (4) Notwithstanding Subsection 20A-9-202(2)(a), a member of a qualified political
1120     party who, under this section, is seeking the nomination of the qualified political party for the
1121     office of district attorney within a multicounty prosecution district that is to be filled at the next
1122     general election shall:
1123          (a) file a declaration of candidacy with the county clerk designated in the interlocal
1124     agreement creating the prosecution district on or after the second Friday in March and before 5
1125     p.m. on the third Thursday in March before the next regular general election; and
1126          (b) pay the filing fee.
1127          (5) Notwithstanding Subsection 20A-9-202(3)(a)(iii), a lieutenant governor candidate
1128     who files as the joint-ticket running mate of an individual who is nominated by a qualified
1129     political party, under this section, for the office of governor shall, [on or before 5 p.m. on the
1130     first Monday after the third Saturday in April] before the deadline described in Subsection
1131     20A-9-202(1)(b)(i) or (ii), file a declaration of candidacy and submit a letter from the candidate
1132     for governor that names the lieutenant governor candidate as a joint-ticket running mate.
1133          (6) (a) A qualified political party that nominates a candidate under this section shall
1134     certify the name of the candidate to the lieutenant governor before [5 p.m. on the first Monday
1135     after the third Saturday in April] the deadline described in Subsection 20A-9-202(1)(b)(i) or
1136     (ii).
1137          (b) The lieutenant governor shall include, in the primary ballot certification or, for a
1138     race where a primary is not held because the candidate is unopposed, in the general election
1139     ballot certification, the name of each candidate nominated by a qualified political party under
1140     this section.
1141          (7) Notwithstanding Subsection 20A-9-701(2), the ballot shall, for each candidate who
1142     is nominated by a qualified political party under this section, designate the qualified political
1143     party that nominated the candidate.

1144          Section 10. Section 20A-9-408 is amended to read:
1145          20A-9-408. Signature-gathering process to seek the nomination of a qualified
1146     political party.
1147          (1) This section describes the requirements for a member of a qualified political party
1148     who is seeking the nomination of the qualified political party for an elective office through the
1149     signature-gathering process described in this section.
1150          (2) Notwithstanding Subsection 20A-9-201(7)(a), the form of the declaration of
1151     candidacy for a member of a qualified political party who is nominated by, or who is seeking
1152     the nomination of, the qualified political party under this section shall be substantially as
1153     described in Section 20A-9-408.5.
1154          (3) Notwithstanding Subsection 20A-9-202(1)(a), and except as provided in Subsection
1155     20A-9-202(4), a member of a qualified political party who, under this section, is seeking the
1156     nomination of the qualified political party for an elective office that is to be filled at the next
1157     general election shall:
1158          (a) within the period beginning on January 1 before the next regular general election
1159     and ending at 5 p.m. on the third Thursday in March of the same year, and before gathering
1160     signatures under this section, file with the filing officer on a form approved by the lieutenant
1161     governor a notice of intent to gather signatures for candidacy that includes:
1162          (i) the name of the member who will attempt to become a candidate for a registered
1163     political party under this section;
1164          (ii) the name of the registered political party for which the member is seeking
1165     nomination;
1166          (iii) the office for which the member is seeking to become a candidate;
1167          (iv) the address and telephone number of the member; and
1168          (v) other information required by the lieutenant governor;
1169          (b) except as provided in Subsection 20A-9-202(1)[(b)](c), file a declaration of
1170     candidacy, in person, with the filing officer on or after the second Friday in March and before 5
1171     p.m. on the third Thursday in March before the next regular general election; and
1172          (c) pay the filing fee.
1173          (4) Notwithstanding Subsection 20A-9-202(2)(a), a member of a qualified political
1174     party who, under this section, is seeking the nomination of the qualified political party for the

1175     office of district attorney within a multicounty prosecution district that is to be filled at the next
1176     general election shall:
1177          (a) on or after January 1 before the next regular general election, and before gathering
1178     signatures under this section, file with the filing officer on a form approved by the lieutenant
1179     governor a notice of intent to gather signatures for candidacy that includes:
1180          (i) the name of the member who will attempt to become a candidate for a registered
1181     political party under this section;
1182          (ii) the name of the registered political party for which the member is seeking
1183     nomination;
1184          (iii) the office for which the member is seeking to become a candidate;
1185          (iv) the address and telephone number of the member; and
1186          (v) other information required by the lieutenant governor;
1187          (b) except as provided in Subsection 20A-9-202(1)[(b)](c), file a declaration of
1188     candidacy, in person, with the filing officer on or after the second Friday in March and before 5
1189     p.m. on the third Thursday in March before the next regular general election; and
1190          (c) pay the filing fee.
1191          (5) Notwithstanding Subsection 20A-9-202(3)(a)(iii), a lieutenant governor candidate
1192     who files as the joint-ticket running mate of an individual who is nominated by a qualified
1193     political party, under this section, for the office of governor shall, before [5 p.m. no later than
1194     the first Monday after the third Saturday in April] the deadline described in Subsection
1195     20A-9-202(1)(b)(i) or (ii), file a declaration of candidacy and submit a letter from the candidate
1196     for governor that names the lieutenant governor candidate as a joint-ticket running mate.
1197          (6) The lieutenant governor shall ensure that the certification described in Subsection
1198     20A-9-701(1) also includes the name of each candidate nominated by a qualified political party
1199     under this section.
1200          (7) Notwithstanding Subsection 20A-9-701(2), the ballot shall, for each candidate who
1201     is nominated by a qualified political party under this section, designate the qualified political
1202     party that nominated the candidate.
1203          (8) A member of a qualified political party may seek the nomination of the qualified
1204     political party for an elective office by:
1205          (a) complying with the requirements described in this section; and

1206          (b) collecting signatures, on a form approved by the lieutenant governor, during the
1207     period beginning on January 1 of an even-numbered year and ending at 5 p.m. 14 days before
1208     the day on which the qualified political party's convention for the office is held, in the
1209     following amounts:
1210          (i) for a statewide race, 28,000 signatures of registered voters in the state who are
1211     permitted by the qualified political party to vote for the qualified political party's candidates in
1212     a primary election;
1213          (ii) for a congressional district race, 7,000 signatures of registered voters who are
1214     residents of the congressional district and are permitted by the qualified political party to vote
1215     for the qualified political party's candidates in a primary election;
1216          (iii) for a state Senate district race, 2,000 signatures of registered voters who are
1217     residents of the state Senate district and are permitted by the qualified political party to vote for
1218     the qualified political party's candidates in a primary election;
1219          (iv) for a state House district race, 1,000 signatures of registered voters who are
1220     residents of the state House district and are permitted by the qualified political party to vote for
1221     the qualified political party's candidates in a primary election;
1222          (v) for a State Board of Education race, the lesser of:
1223          (A) 2,000 signatures of registered voters who are residents of the State Board of
1224     Education district and are permitted by the qualified political party to vote for the qualified
1225     political party's candidates in a primary election; or
1226          (B) 3% of the registered voters of the qualified political party who are residents of the
1227     applicable State Board of Education district; and
1228          (vi) for a county office race, signatures of 3% of the registered voters who are residents
1229     of the area permitted to vote for the county office and are permitted by the qualified political
1230     party to vote for the qualified political party's candidates in a primary election.
1231          (9) (a) In order for a member of the qualified political party to qualify as a candidate
1232     for the qualified political party's nomination for an elective office under this section, the
1233     member shall:
1234          (i) collect the signatures on a form approved by the lieutenant governor, using the same
1235     circulation and verification requirements described in Sections 20A-7-204 and 20A-7-205; and
1236          (ii) submit the signatures to the election officer before 5 p.m. no later than 14 days

1237     before the day on which the qualified political party holds the party's convention to select
1238     candidates, for the elective office, for the qualified political party's nomination.
1239          (b) An individual may not gather signatures under this section until after the individual
1240     files a notice of intent to gather signatures for candidacy described in this section.
1241          (c) An individual who files a notice of intent to gather signatures for candidacy,
1242     described in Subsection (3)(a) or (4)(a), is, beginning on the day on which the individual files
1243     the notice of intent to gather signatures for candidacy:
1244          (i) required to comply with the reporting requirements that a candidate for office is
1245     required to comply with; and
1246          (ii) subject to the same enforcement provisions, and civil and criminal penalties, that
1247     apply to a candidate for office in relation to the reporting requirements described in Subsection
1248     (9)(c)(i).
1249          (d) Upon timely receipt of the signatures described in Subsections (8) and (9)(a), the
1250     election officer shall, no later than the earlier of 14 days after the day on which the election
1251     officer receives the signatures, or one day before the day on which the qualified political party
1252     holds the convention to select a nominee for the elective office to which the signature packets
1253     relate:
1254          (i) check the name of each individual who completes the verification for a signature
1255     packet to determine whether each individual is a resident of Utah and is at least 18 years old;
1256          (ii) submit the name of each individual described in Subsection (9)(d)(i) who is not a
1257     Utah resident or who is not at least 18 years old to the attorney general and the county attorney;
1258          (iii) determine whether each signer is a registered voter who is qualified to sign the
1259     petition, using the same method, described in Section 20A-7-206.3, used to verify a signature
1260     on a petition; and
1261          (iv) certify whether each name is that of a registered voter who is qualified to sign the
1262     signature packet.
1263          (e) Upon timely receipt of the signatures described in Subsections (8) and (9)(a), the
1264     election officer shall, no later than one day before the day on which the qualified political party
1265     holds the convention to select a nominee for the elective office to which the signature packets
1266     relate, notify the qualified political party and the lieutenant governor of the name of each
1267     member of the qualified political party who qualifies as a nominee of the qualified political

1268     party, under this section, for the elective office to which the convention relates.
1269          (f) Upon receipt of a notice of intent to gather signatures for candidacy described in
1270     this section, the lieutenant governor shall post the notice of intent to gather signatures for
1271     candidacy on the lieutenant governor's website in the same location that the lieutenant governor
1272     posts a declaration of candidacy.
1273          Section 11. Section 20A-9-409 is amended to read:
1274          20A-9-409. Primary election provisions relating to qualified political party.
1275          (1) The [fourth Tuesday of June of each even-numbered year is designated as a] regular
1276     primary election [day] is held on the date specified in Section 20A-1-201.5.
1277          (2) (a) A qualified political party that nominates one or more candidates for an elective
1278     office under Section 20A-9-407 and does not have a candidate qualify as a candidate for that
1279     office under Section 20A-9-408, may, but is not required to, participate in the primary election
1280     for that office.
1281          (b) A qualified political party that has only one candidate qualify as a candidate for an
1282     elective office under Section 20A-9-408 and does not nominate a candidate for that office
1283     under Section 20A-9-407, may, but is not required to, participate in the primary election for
1284     that office.
1285          (c) A qualified political party that nominates one or more candidates for an elective
1286     office under Section 20A-9-407 and has one or more candidates qualify as a candidate for that
1287     office under Section 20A-9-408 shall participate in the primary election for that office.
1288          (d) A qualified political party that has two or more candidates qualify as candidates for
1289     an elective office under Section 20A-9-408 and does not nominate a candidate for that office
1290     under Section 20A-9-407 shall participate in the primary election for that office.
1291          (3) Notwithstanding Subsection (2), in an opt-in county, as defined in Section
1292     17-52a-201 or 17-52a-202, a qualified political party shall participate in the primary election
1293     for a county commission office if:
1294          (a) there is more than one:
1295          (i) open position as defined in Section 17-52a-201; or
1296          (ii) midterm vacancy as defined in Section 17-52a-201; and
1297          (b) the number of candidates nominated under Section 20A-9-407 or qualified under
1298     Section 20A-9-408 for the respective open positions or midterm vacancies exceeds the number

1299     of respective open positions or midterm vacancies.
1300          (4) (a) As used in this Subsection (4), a candidate is "unopposed" if:
1301          (i) no individual other than the candidate receives a certification, from the appropriate
1302     filing officer, for the regular primary election ballot of the candidate's registered political party
1303     for a particular elective office; or
1304          (ii) for an office where more than one individual is to be elected or nominated, the
1305     number of candidates who receive certification, from the appropriate filing officer, for the
1306     regular primary election of the candidate's registered political party does not exceed the total
1307     number of candidates to be elected or nominated for that office.
1308          (b) [By 5 p.m. on the first Wednesday after the third Saturday in April] Before the
1309     deadline described in Subsection (4)(c), the lieutenant governor shall:
1310          (i) provide to the county clerks:
1311          (A) a list of the names of all candidates for federal, constitutional, multi-county, single
1312     county, and county offices who have received certifications from the appropriate filing officer,
1313     along with instructions on how those names shall appear on the primary election ballot in
1314     accordance with Section 20A-6-305; and
1315          (B) a list of unopposed candidates for elective office who have been nominated by a
1316     registered political party; and
1317          (ii) instruct the county clerks to exclude unopposed candidates from the primary
1318     election ballot.
1319          (c) The deadline described in Subsection (4)(b) is:
1320          (i) in a year other than 2020, 5 p.m. on the first Wednesday after the third Saturday in
1321     April; or
1322          (ii) in 2020, 5 p.m. April 29.
1323          Section 12. Section 63I-2-220 is amended to read:
1324          63I-2-220. Repeal dates -- Title 20A.
1325          (1) On January 1, 2021:
1326          (a) Subsection 20A-1-201.5(1), the language that states "Except as provided in
1327     Subsection (4)," is repealed.
1328          (b) Subsection 20A-1-201.5(4) is repealed.
1329          (c) Subsections 20A-1-204(1)(a)(i) through (iii) are repealed and replaced with the

1330     following:
1331          "(i) the fourth Tuesday in June; or
1332          (ii) the first Tuesday after the first Monday in November.".
1333          (d) In Subsections 20A-1-503(4)(c), 20A-9-202(3)(a), 20A-9-403(3)(d)(ii),
1334     20A-9-407(5) and (6)(a), and 20A-9-408(5), immediately following the reference to Subsection
1335     20A-9-202(1)(b), the language that states "(i) or (ii)" is repealed.
1336          (e) Subsection 20A-9-202(1)(b) is repealed and replaced with the following:
1337          "(b) Unless expressly provided otherwise in this title, for a registered political party that
1338     is not a qualified political party, the deadline for filing a declaration of candidacy for an
1339     elective office that is to be filled at the next regular general election is 5 p.m. on the first
1340     Monday after the third Saturday in April.";
1341          (f) Subsection 20A-9-409(4)(c) is repealed and replaced with the following:
1342          "(c) The deadline described in Subsection (4)(b) is 5 p.m. on the first Wednesday after
1343     the third Saturday in April.".
1344          [(1)] (2) Subsection 20A-5-803(8) is repealed July 1, 2023.
1345          [(2)] (3) Section 20A-5-804 is repealed July 1, 2023.
1346          [(3)] (4) On January 1, 2026:
1347          (a) In Subsection 20A-1-102(22)(a), the language that states "or Title 20A, Chapter 4,
1348     Part 6, Municipal Alternate Voting Methods Pilot Project" is repealed.
1349          (b) In Subsections 20A-1-303(1)(a) and (b), the language that states "Except as
1350     provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is
1351     repealed.
1352          (c) In Section 20A-1-304, the language that states "Except for a race conducted by
1353     instant runoff voting under Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods
1354     Pilot Project," is repealed.
1355          (d) In Subsection 20A-3-105(1)(a), the language that states "Except as provided in
1356     Subsection (5)," is repealed.
1357          (e) In Subsections 20A-3-105(1)(b), (3)(b), and (4)(b), the language that states "Except
1358     as provided in Subsections (5) and (6)," is repealed.
1359          (f) In Subsections 20A-3-105(2)(a)(i), (3)(a), and (4)(a), the language that states
1360     "Subject to Subsection (5)," is repealed.

1361          (g) Subsection 20A-3-105(5) is repealed and the remaining subsections in Section
1362     20A-3-105 are renumbered accordingly.
1363          (h) In Subsection 20A-4-101(2)(c), the language that states "Except as provided in
1364     Subsection (2)(f)," is repealed.
1365          (i) Subsection 20A-4-101(2)(f) is repealed.
1366          (j) Subsection 20A-4-101(3) is repealed and replaced with the following:
1367          " (3) To resolve questions that arise during the counting of ballots, a counting judge
1368     shall apply the standards and requirements of Section 20A-4-105.".
1369          (k) In Subsection 20A-4-102(1)(a), the language that states "or a rule made under
1370     Subsection 20A-4-101(2)(f)(i)" is repealed.
1371          (l) Subsection 20A-4-102(1)(b) is repealed and replaced with the following:
1372          "(b) To resolve questions that arise during the counting of ballots, a counting judge
1373     shall apply the standards and requirements of Section 20A-4-105.".
1374          (m) In Subsection 20A-4-102(6)(a), the language that states ", except as provided in
1375     Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, or a rule made
1376     under Subsection 20A-4-101(2)(f)(i)" is repealed.
1377          (n) In Subsection 20A-4-105(1)(a), the language that states ", except as otherwise
1378     provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is
1379     repealed.
1380          (o) In Subsection 20A-4-105(2), the language that states "Subsection 20A-3-105(5), or
1381     Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is repealed.
1382          (p) In Subsections 20A-4-105(3), (5), and (12), the language that states "Except as
1383     otherwise provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot
1384     Project," is repealed.
1385          (q) In Subsection 20A-4-106(1)(a)(ii), the language that states "or Title 20A, Chapter
1386     4, Part 6, Municipal Alternate Voting Methods Pilot Project" is repealed.
1387          (r) In Subsection 20A-4-304(1)(a), the language that states "except as provided in Title
1388     20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is repealed.
1389          (s) Subsection 20A-4-304(2)(e) is repealed and replaced with the following:
1390          "(v) from each voting precinct:
1391          (A) the number of votes for each candidate; and

1392          (B) the number of votes for and against each ballot proposition;".
1393          (t) Subsection 20A-4-401(1)(a) is repealed, the remaining subsections in Subsection (1)
1394     are renumbered accordingly, and the cross-references to those subsections are renumbered
1395     accordingly.
1396          (u) Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, is
1397     repealed.
1398          (v) Subsections 20A-5-400.1(1)(c) and (d), relating to contracting with a local political
1399     subdivision to conduct an election, is repealed.
1400          (w) Subsection 20A-5-404(3)(b) is repealed and the remaining subsections in
1401     Subsection (3) are renumbered accordingly.
1402          (x) Subsection 20A-5-404(4)(b) is repealed and the remaining subsections in
1403     Subsection (4) are renumbered accordingly.
1404          (y) In Section 20A-5-802, relating to the certification of voting equipment:
1405          (i) delete "Except as provided in Subsection (2)(b)(ii):" from the beginning of
1406     Subsection (2); and
1407          (ii) Subsection (2)(b)(ii) is repealed, and the remaining subsections are renumbered
1408     accordingly.
1409          (z) Section 20A-6-203.5 is repealed.
1410          (aa) In Subsections 20A-6-402(1), (2), (3), and (4), the language that states "Except as
1411     otherwise required for a race conducted by instant runoff voting under Title 20A, Chapter 4,
1412     Part 6, Municipal Alternate Voting Methods Pilot Project," is repealed.
1413          (bb) In Subsection 20A-9-203(3)(a)(i), the language that states "or Title 20A, Chapter
1414     4, Part 6, Municipal Alternate Voting Methods Pilot Project" is repealed.
1415          (cc) In Subsection 20A-9-203(3)(c)(i), the language that states "except as provided in
1416     Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is repealed.
1417          (dd) In Subsection 20A-9-404(1)(a), the language that states "or Title 20A, Chapter 4,
1418     Part 6, Municipal Alternate Voting Methods Pilot Project" is repealed.
1419          (ee) In Subsection 20A-9-404(2), the language that states "Except as otherwise
1420     provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is
1421     repealed.
1422          [(6)] (5) Section 20A-7-407 is repealed January 1, 2021.

1423          Section 13. Effective date.
1424          If approved by two-thirds of all the members elected to each house, this bill takes effect
1425     upon approval by the governor, or the day following the constitutional time limit of Utah
1426     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
1427     the date of veto override.