Representative Merrill F. Nelson proposes the following substitute bill:


1     
CONGRESSIONAL VACANCIES AMENDMENTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Merrill F. Nelson

5     
Senate Sponsor: Daniel W. Thatcher

6     

7     LONG TITLE
8     General Description:
9          This bill modifies the Election Code in relation to filling a vacancy in Congress.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies a provision relating to a temporary appointment to fill a vacancy in the
13     office of United States senator, pending a special election to fill the office;
14          ▸     describes requirements and procedures relating to a special election to fill a vacancy
15     in the office of United States senator or United States representative;
16          ▸     describes when a vacancy occurs in a congressional office;
17          ▸     grants authority to the governor to establish, consistent with the requirements of this
18     bill, the dates, deadlines, time frames, and procedures relating to a special election
19     described in this bill; and
20          ▸     makes technical and conforming changes.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          This bill provides a special effective date.
25     Utah Code Sections Affected:

26     AMENDS:
27          20A-1-502, as enacted by Laws of Utah 1993, Chapter 1
28     ENACTS:
29          20-1-502.5, Utah Code Annotated 1953
30     

31     Be it enacted by the Legislature of the state of Utah:
32          Section 1. Section 20A-1-502 is amended to read:
33          20A-1-502. Midterm vacancy in office of United States senator.
34          [(1) When a vacancy occurs for any reason in the office of a representative in
35     Congress, the governor shall issue a proclamation calling an election to fill the vacancy.]
36          [(2) (a)] (1) [When] Except as provided in Subsections (2) and (3), when a vacancy
37     occurs in the office of [U.S. senator, it shall be filled for the unexpired term at the next regular
38     general election.] United States senator, the governor shall, within seven days after the day on
39     which the vacancy occurs, issue a proclamation calling a special congressional election to fill
40     the vacancy that:
41          (a) sets a date for a primary congressional special election, and a later date for a general
42     congressional special election, on the same day as one of the following elections:
43          (i) a municipal general election;
44          (ii) a presidential primary election;
45          (iii) a regular primary election; or
46          (iv) a regular general election;
47          (b) sets the date of the primary congressional special election on the same day as the
48     next election described in Subsections (1)(a)(i) through (iv) that is more than 90 days after the
49     day on which the governor issues the proclamation;
50          (c) sets the date of the general special congressional election on the same day as the
51     next election described in Subsection (1)(a) that is more than 90 days after the primary special
52     congressional election described in Subsection (1)(b);
53          (d) provides each registered political party that is not a qualified political party at least
54     21 days, but no more than 28 days, to select one candidate, in a manner determined by the
55     registered political party, as a candidate for the registered political party;
56          (e) for each qualified political party, provides at least 21 days, but no more than 28

57     days:
58          (i) for the qualified political party to select one candidate, using the convention process
59     described in Section 20A-9-407, as a candidate for the qualified political party; and
60          (ii) for a member of the qualified political party to submit signatures to qualify as a
61     candidate for the qualified political party using the signature-gathering process described in
62     Section 20A-9-408;
63          (f) consistent with the requirements of this section, establishes the deadlines, time
64     frames, and procedures for filing a declaration of candidacy, giving notice of an election, and
65     other election requirements; and
66          (g) requires an election officer to comply with the requirements of Chapter 16,
67     Uniform Military and Overseas Voters Act.
68          (2) (a) The governor may set a date for a primary special congressional election or a
69     general special congressional election on a date other than a date described in Subsection (1)(a)
70     if:
71          (i) on the same day on which the governor issues the proclamation described in
72     Subsection (1) the governor calls a special session for the Legislature to appropriate money to
73     hold the election on a different day; or
74          (ii) if the governor issues the proclamation described in Subsection (1) on or after
75     January 1, but before the end of the general session of the Legislature, and requests in the
76     proclamation described in Subsection (1) that the Legislature appropriate money to hold the
77     election on a different day.
78          (b) If the Legislature does not, under Subsection (2)(a), appropriate money to hold the
79     election on a different day, the proclamation described in Subsection (1) is void and the
80     governor shall, within seven days after the day on which the Legislature declines to appropriate
81     money to hold the election on a different day, issue a proclamation, in accordance with
82     Subsection (1), that sets the special congressional primary and general elections on dates
83     described in Subsections (1)(a)(i) through (iv).
84          (3) A special congressional election to fill a vacancy in the office of United States
85     senator will not be held if:
86          (a) the next regular general election that occurs after the day on which the vacancy
87     occurs is the regular general election that occurs immediately before the six-year term for the

88     senate office ends; and
89          (b) the vacancy occurs after August 1 of the year before the regular general election
90     described in Subsection (3)(a).
91          [(b) The governor shall appoint a person to serve as U.S. senator until the vacancy is
92     filled by election from one of three persons nominated by the state central committee of the
93     same political party as the prior officeholder.]
94          (4) (a) The governor shall appoint an individual to temporarily fill a vacancy in the
95     office of United States senator from one of three individuals nominated by the Legislature,
96     each of whom is a member of the political party of which the prior officeholder was a member
97     at the time the prior officeholder was elected.
98          (b) The individual appointed under Subsection (4)(a) shall serve as United States
99     senator until the earlier of the day on which:
100          (i) the vacancy is filled by election under Subsection (1) or (2); or
101          (ii) the six-year term for the senate office ends.
102          (5) An individual elected to fill a vacancy under this section shall serve until the end of
103     the current term in which the vacancy filled by the election occurs.
104          (6) A vacancy in the office of United States senator does not occur unless the senator:
105          (a) has left the office; or
106          (b) submits an irrevocable letter of resignation to the governor or to the president of the
107     United States Senate.
108          Section 2. Section 20-1-502.5 is enacted to read:
109          20-1-502.5. Midterm vacancy in office of United States representative.
110          (1) Except as provided in Subsections (2) and (4), when a vacancy occurs in the office
111     of United States representative, the governor shall, within seven days after the day on which the
112     vacancy occurs, issue a proclamation calling a special congressional election to fill the vacancy
113     that:
114          (a) sets a date for a primary congressional special election, and a later date for a general
115     congressional special election, on the same day as one of the following elections:
116          (i) a municipal general election;
117          (ii) a presidential primary election;
118          (iii) a regular primary election; or

119          (iv) a regular general election;
120          (b) sets the date of the primary congressional special election on the same day as the
121     next election described in Subsections (1)(a)(i) through (iv) that is more than 90 days after the
122     day on which the governor issues the proclamation;
123          (c) sets the date of the general special congressional election on the same day as the
124     next election described in Subsection (1)(a) that is more than 90 days after the primary special
125     congressional election described in Subsection (1)(b);
126          (d) provides each registered political party that is not a qualified political party at least
127     21 days, but no more than 28 days, to select one candidate, in a manner determined by the
128     registered political party, as a candidate for the registered political party;
129          (e) for each qualified political party, provides at least 21 days, but no more than 28
130     days:
131          (i) for the qualified political party to select one candidate, using the convention process
132     described in Section 20A-9-407, as a candidate for the qualified political party; and
133          (ii) for a member of the qualified political party to submit signatures to qualify as a
134     candidate for the qualified political party using the signature-gathering process described in
135     Section 20A-9-408;
136          (f) consistent with the requirements of this section, establishes the deadlines, time
137     frames, and procedures for filing a declaration of candidacy, giving notice of an election, and
138     other election requirements; and
139          (g) requires an election officer to comply with the requirements of Chapter 16,
140     Uniform Military and Overseas Voters Act.
141          (2) The governor may set a date for a primary special congressional election or a
142     general special congressional election on a date other than a date described in Subsection (1)(a)
143     if:
144          (a) on the same day on which the governor issues the proclamation described in
145     Subsection (1) the governor calls a special session for the Legislature to appropriate money to
146     hold the election on a different day; or
147          (b) if the governor issues the proclamation described in Subsection (1) on or after
148     January 1, but before the end of the general session of the Legislature, and requests in the
149     proclamation described in Subsection (1) that the Legislature appropriate money to hold the

150     election on a different day.
151          (3) If the Legislature does not, under Subsection (2), appropriate money to hold the
152     election on a different day, the proclamation described in Subsection (1) is void and the
153     governor shall, within seven days after the day on which the Legislature declines to appropriate
154     money to hold the election on a different day, issue a proclamation, in accordance with
155     Subsection (1), that sets the special congressional primary and general elections on dates
156     described in Subsections (1)(a)(i) through (iv).
157          (4) A special congressional election to fill a vacancy in the office of United States
158     representative will not be held if the vacancy occurs fewer than 180 days before the next
159     regular general election.
160          (5) An individual who fills a vacancy under this section shall serve until the end of the
161     current term in which the vacancy occurs.
162          (6) A vacancy in the office of United States representative does not occur unless the
163     representative:
164          (a) has left the office; or
165          (b) submits an irrevocable letter of resignation to the governor or to the speaker of the
166     United States House of Representatives.
167          Section 3. Effective date.
168          If approved by two-thirds of all the members elected to each house, this bill takes effect
169     upon approval by the governor, or the day following the constitutional time limit of Utah
170     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
171     the date of veto override.