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7 LONG TITLE
8 General Description:
9 This bill amends provisions relating to the conduct of elections.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ establishes four types of registered political parties, as follows:
14 • a class A registered political party, that chooses a nominee by convention only
15 and agrees to send the top two nominees at convention to a primary unless one
16 candidate receives at least two-thirds of the votes cast at convention;
17 • a class B registered political party, that chooses a nominee by allowing a
18 member of the registered political party to seek the nomination by the nominee
19 choosing to gather signatures, seek nomination in the registered political party's
20 convention, or both;
21 • a class C registered political party that chooses a nominee by gathering
22 signatures only; and
23 • a class D registered political party that chooses a nominee by a method other
24 than a method required for a class A, B, or C registered political party;
25 ▸ requires a registered political party to:
26 • certify to the lieutenant governor the class that the registered political party will
27 be for the upcoming regular general election; and
28 • comply with the candidate nomination requirements relating the class certified
29 by the registered political party;
30 ▸ provides that a registered political party that fails to timely certify a class is a class
31 D registered political party;
32 ▸ provides that only a class A, B, or C registered political party:
33 • may participate in a regular primary election; or
34 • have the registered political party's nominees appear on the general election
35 ballot with an indication of party affiliation;
36 ▸ establishes other requirements for a registered political party and for particular
37 classes of registered political parties; and
38 ▸ makes technical and conforming changes.
39 Money Appropriated in this Bill:
40 None
41 Other Special Clauses:
42 None
43 Utah Code Sections Affected:
44 AMENDS:
45 20A-1-201.5, as last amended by Laws of Utah 2019, First Special Session, Chapter 4
46 20A-1-501, as last amended by Laws of Utah 2019, Chapter 349
47 20A-1-503, as last amended by Laws of Utah 2019, First Special Session, Chapter 4
48 20A-5-101, as last amended by Laws of Utah 2019, Chapter 255
49 20A-6-301, as last amended by Laws of Utah 2018, Chapter 274
50 20A-6-302, as last amended by Laws of Utah 2019, Chapter 255
51 20A-6-303, as last amended by Laws of Utah 2016, Chapter 66
52 20A-6-304, as last amended by Laws of Utah 2016, Chapter 66
53 20A-8-103, as last amended by Laws of Utah 2019, Chapter 255
54 20A-9-101, as last amended by Laws of Utah 2018, Chapter 19
55 20A-9-201, as last amended by Laws of Utah 2019, First Special Session, Chapter 4
56 20A-9-202, as last amended by Laws of Utah 2019, First Special Session, Chapter 4
57 20A-9-403, as last amended by Laws of Utah 2019, First Special Session, Chapter 4
58 20A-9-405, as last amended by Laws of Utah 2018, Chapter 281
59 20A-9-406, as last amended by Laws of Utah 2018, Chapter 274
60 20A-9-407, as last amended by Laws of Utah 2019, First Special Session, Chapter 4
61 20A-9-408, as last amended by Laws of Utah 2019, First Special Session, Chapter 4
62 20A-9-408.5, as enacted by Laws of Utah 2015, Chapter 296
63 20A-9-409, as last amended by Laws of Utah 2019, First Special Session, Chapter 4
64 20A-9-504, as last amended by Laws of Utah 2019, Chapter 255
65 20A-9-601, as last amended by Laws of Utah 2019, Chapters 142, 255, and 279
66 20A-9-701, as last amended by Laws of Utah 2015, Chapter 296
67 63I-2-220, as last amended by Laws of Utah 2019, First Special Session, Chapter 4
68 ENACTS:
69 20A-9-102, Utah Code Annotated 1953
70 20A-9-402.5, Utah Code Annotated 1953
71 20A-9-402.7, Utah Code Annotated 1953
72 20A-9-403.5, Utah Code Annotated 1953
73 20A-9-403.7, Utah Code Annotated 1953
74 20A-9-409.5, Utah Code Annotated 1953
75
76 Be it enacted by the Legislature of the state of Utah:
77 Section 1. Section 20A-1-201.5 is amended to read:
78 20A-1-201.5. Primary election dates.
79 (1) Except as provided in Subsection (4), the regular primary election shall be held
80 throughout the state on the fourth Tuesday of June of each even numbered year [
81
82 (a) national, state, school board, and county offices; and
83 (b) offices for a metro township, city, or town incorporated under Section 10-2a-404.
84 (2) A municipal primary election shall be held, if necessary, on the second Tuesday
85 following the first Monday in August before the regular municipal election to nominate persons
86 for municipal offices.
87 (3) A presidential primary election shall be held throughout the state on the first
88 Tuesday in March in the year in which a presidential election will be held.
89 (4) In 2020, the regular primary election shall be held throughout the state on June 30,
90 [
91 persons for:
92 (a) national, state, school board, and county offices; and
93 (b) offices for a metro township, city, or town incorporated under Section 10-2a-404.
94 Section 2. Section 20A-1-501 is amended to read:
95 20A-1-501. Candidate vacancies -- Procedure for filling.
96 (1) The state central committee of a registered political party, for candidates for United
97 States senator, United States representative, governor, lieutenant governor, attorney general,
98 state treasurer, and state auditor, and for legislative candidates whose legislative districts
99 encompass more than one county, and the county central committee of a registered political
100 party, for all other party candidates seeking an office elected at a regular general election, may
101 certify the name of another candidate to the appropriate election officer if:
102 (a) for a registered political party that will have a candidate on a ballot in a primary
103 election, after the close of the period for filing a declaration of candidacy and continuing
104 through the day before the day on which the lieutenant governor provides the list described in
105 Subsection [
106 (i) only one or two candidates from that party have filed a declaration of candidacy for
107 that office; and
108 (ii) one or both:
109 (A) dies;
110 (B) resigns because of acquiring a physical or mental disability, certified by a physician
111 or physician assistant, that prevents the candidate from continuing the candidacy; or
112 (C) is disqualified by an election officer for improper filing or nominating procedures;
113 (b) for a registered political party that does not have a candidate on the ballot in a
114 primary, but that will have a candidate on the ballot for a general election, after the close of the
115 period for filing a declaration of candidacy and continuing through the day before the day on
116 which the lieutenant governor makes the certification described in Section 20A-5-409, the
117 party's candidate:
118 (i) dies;
119 (ii) resigns because of acquiring a physical or mental disability as certified by a
120 physician or physician assistant;
121 (iii) is disqualified by an election officer for improper filing or nominating procedures;
122 or
123 (iv) resigns to become a candidate for president or vice president of the United States;
124 or
125 (c) for a registered political party with a candidate certified as winning a primary
126 election, after the deadline described in Subsection (1)(a) and continuing through the day
127 before that day on which the lieutenant governor makes the certification described in Section
128 20A-5-409, the party's candidate:
129 (i) dies;
130 (ii) resigns because of acquiring a physical or mental disability as certified by a
131 physician or physician assistant;
132 (iii) is disqualified by an election officer for improper filing or nominating procedures;
133 or
134 (iv) resigns to become a candidate for president or vice president of the United States.
135 (2) If no more than two candidates from a registered political party have filed a
136 declaration of candidacy for an office elected at a regular general election and one resigns to
137 become the party candidate for another position, the state central committee of that registered
138 political party, for candidates for governor, lieutenant governor, attorney general, state
139 treasurer, and state auditor, and for legislative candidates whose legislative districts encompass
140 more than one county, and the county central committee of that registered political party, for all
141 other party candidates, may certify the name of another candidate to the appropriate election
142 officer.
143 (3) Each replacement candidate shall file a declaration of candidacy as required by
144 Title 20A, Chapter 9, Part 2, Candidate Qualifications and Declarations of Candidacy.
145 (4) (a) The name of a candidate who is certified under Subsection (1)(a) after the
146 deadline described in Subsection (1)(a) may not appear on the primary election ballot.
147 (b) The name of a candidate who is certified under Subsection (1)(b) after the deadline
148 described in Subsection (1)(b) may not appear on the general election ballot.
149 (c) The name of a candidate who is certified under Subsection (1)(c) after the deadline
150 described in Subsection (1)(c) may not appear on the general election ballot.
151 (5) A registered political party may not replace a candidate who is disqualified for
152 failure to timely file a campaign disclosure financial report under Title 20A, Chapter 11,
153 Campaign and Financial Reporting Requirements, or Section 17-16-6.5.
154 Section 3. Section 20A-1-503 is amended to read:
155 20A-1-503. Midterm vacancies in the Legislature.
156 (1) As used in this section:
157 (a) "Filing deadline" means the final date for filing:
158 (i) a declaration of candidacy as provided in Section 20A-9-202; and
159 (ii) a certificate of nomination as provided in Section 20A-9-503.
160 (b) "Party liaison" means the registered political party officer designated to serve as a
161 liaison with the lieutenant governor on all matters relating to the registered political party's
162 relationship with the state as required by Section 20A-8-401.
163 (2) When a vacancy occurs for any reason in the office of representative in the
164 Legislature, the governor shall fill the vacancy by immediately appointing the [
165 individual whose name was submitted by the party liaison of the same registered political party
166 as the prior representative.
167 (3) (a) Except as provided by Subsection (5), when a vacancy occurs for any reason in
168 the office of senator in the Legislature, [
169 the next regular general election.
170 (b) The governor shall fill the vacancy until the next regular general election by
171 immediately appointing the [
172 of the same registered political party as the prior senator.
173 (4) (a) If a vacancy described in Subsection (3)(a) occurs after the filing deadline but
174 before August 31 of an even-numbered year in which the term of office does not expire, the
175 lieutenant governor shall:
176 (i) establish a date and time, which is before the date for a candidate to be certified for
177 the ballot under Section 20A-9-701 and no later than 21 days after the day on which the
178 vacancy occurred, by which [
179 for the vacant office shall file:
180 (A) a declaration of candidacy; or
181 (B) a certificate of nomination; and
182 (ii) give notice of the vacancy and the date and time described in Subsection (4)(a)(i):
183 (A) on the lieutenant governor's website; and
184 (B) to each registered political party.
185 (b) [
186 office shall:
187 (i) before the date and time specified in Subsection (4)(a)(i), file a declaration of
188 candidacy or certificate of nomination according to the procedures and requirements of Chapter
189 9, Candidate Qualifications and Nominating Procedures; and
190 (ii) run in the regular general election if:
191 (A) nominated as a party candidate; or
192 (B) qualified as an unaffiliated candidate as provided by Chapter 9, Candidate
193 Qualifications and Nominating Procedures.
194 (c) If a vacancy described in Subsection (3)(a) occurs after the deadline described in
195 Subsection [
196 an even-numbered year in which the term of office does not expire, a party liaison from each
197 registered political party may submit a name of [
198 Subsection (4)(b) to the lieutenant governor before 5 p.m. no later than August 30 for
199 placement on the regular general election ballot.
200 (5) If a vacancy described in Subsection (3)(a) occurs on or after August 31 of an
201 even-numbered year in which a term does not expire, the governor shall fill the vacancy for the
202 unexpired term by immediately appointing the [
203 by the party liaison of the same registered political party as the prior senator.
204 Section 4. Section 20A-5-101 is amended to read:
205 20A-5-101. Notice of election.
206 (1) On or before November 15 in the year before each regular general election year, the
207 lieutenant governor shall prepare and transmit a written notice to each county clerk that:
208 (a) designates the offices to be filled at the next year's regular general election;
209 (b) identifies the dates for filing a declaration of candidacy, and for submitting and
210 certifying nomination petition signatures, as applicable, [
211
212 (c) contains a description of any ballot propositions to be decided by the voters that
213 have qualified for the ballot as of that date.
214 (2) No later than seven business days after the day on which the lieutenant governor
215 transmits the written notice described in Subsection (1), each county clerk shall publish notice,
216 in accordance with Subsection (3):
217 (a) (i) in a conspicuous place most likely to give notice of the election to the voters in
218 each voting precinct within the county; and
219 (ii) prepare an affidavit of the posting, showing a copy of the notice and the places
220 where the notice was posted;
221 (b) (i) in a newspaper of general circulation in the county;
222 (ii) if there is no newspaper of general circulation within the county, in addition to the
223 notice described in Subsection (2)(a), by posting one notice, and at least one additional notice
224 per 2,000 population of the county, in places within the county that are most likely to give
225 notice of the election to the voters in the county; or
226 (iii) by mailing notice to each registered voter in the county;
227 (c) on the Utah Public Notice Website created in Section 63F-1-701, for seven days
228 before the day of the election;
229 (d) in accordance with Section 45-1-101, for seven days before the day of the election;
230 and
231 (e) on the county's website for seven days before the day of the election.
232 (3) The notice described in Subsection (2) shall:
233 (a) designate the offices to be voted on in that election; and
234 (b) identify the dates for filing a declaration of candidacy for those offices.
235 (4) Except as provided in Subsection (6), before each election, the election officer shall
236 give printed notice of the following information:
237 (a) the date of election;
238 (b) the hours during which the polls will be open;
239 (c) the polling places for each voting precinct, early voting polling place, and election
240 day voting center;
241 (d) the address of the Statewide Electronic Voter Information Website and, if available,
242 the address of the election officer's website, with a statement indicating that the election officer
243 will post on the website any changes to the location of a polling place and the location of any
244 additional polling place;
245 (e) a phone number that a voter may call to obtain information regarding the location of
246 a polling place; and
247 (f) the qualifications for persons to vote in the election.
248 (5) To provide the printed notice described in Subsection (4), the election officer shall
249 publish the notice:
250 (a) (i) in a newspaper of general circulation in the jurisdiction to which the election
251 pertains at least two days before the day of the election;
252 (ii) if there is no newspaper of general circulation in the jurisdiction to which the
253 election pertains, at least two days before the day of the election, by posting one notice, and at
254 least one additional notice per 2,000 population of the jurisdiction, in places within the
255 jurisdiction that are most likely to give notice of the election to the voters in the jurisdiction; or
256 (iii) by mailing the notice to each registered voter who resides in the jurisdiction to
257 which the election pertains at least five days before the day of the election;
258 (b) on the Utah Public Notice Website created in Section 63F-1-701, for two days
259 before the day of the election;
260 (c) in accordance with Section 45-1-101, for two days before the day of the election;
261 and
262 (d) if the jurisdiction has a website, on the jurisdiction's website for two days before
263 the day of the election.
264 (6) Instead of including the information described in Subsection (4) in the notice, the
265 election officer may give printed notice that:
266 (a) is entitled "Notice of Election";
267 (b) includes the following: "A [indicate election type] will be held in [indicate the
268 jurisdiction] on [indicate date of election]. Information relating to the election, including
269 polling places, polling place hours, and qualifications of voters may be obtained from the
270 following sources:"; and
271 (c) specifies the following sources where an individual may view or obtain the
272 information described in Subsection (4):
273 (i) if the jurisdiction has a website, the jurisdiction's website;
274 (ii) the physical address of the jurisdiction offices; and
275 (iii) a mailing address and telephone number.
276 Section 5. Section 20A-6-301 is amended to read:
277 20A-6-301. Paper ballots -- Regular general election.
278 (1) Each election officer shall ensure that:
279 (a) all paper ballots furnished for use at the regular general election contain:
280 (i) no captions or other endorsements except as provided in this section;
281 (ii) no symbols, markings, or other descriptions of a political party or group, except for
282 a registered political party that has, by timely certifying as a class A, B, or C registered political
283 party under Section 20A-9-102, chosen to nominate [
284 candidates in accordance with [
285 certified under Section 20A-9-102; and
286 (iii) no indication that a candidate for elective office has been nominated by, or has
287 been endorsed by, or is in any way affiliated with a political party or group, unless the
288 candidate has been nominated by a class A, B, or C registered political party in accordance
289 with [
290 the class certified under Section 20A-9-102;
291 (b) immediately below the perforated ballot stub, the following endorsements are
292 printed in 18 point bold type:
293 (i) "Official Ballot for ____ County, Utah";
294 (ii) the date of the election; and
295 (iii) the words "Clerk of __________ County" or, as applicable, the name of a
296 combined office that includes the duties of a county clerk;
297 (c) the party name or title is printed in capital letters not less than one-fourth of an inch
298 high;
299 (d) unaffiliated candidates, candidates not affiliated with a registered political party,
300 and all other candidates for elective office who were not nominated by a class A, B, or C
301 registered political party in accordance with [
302
303 with the other candidates for the same office in accordance with Section 20A-6-305, without a
304 party name or title, and with a mark referencing the following statement at the bottom of the
305 ticket: "This candidate is not affiliated with, or does not qualify to be listed on the ballot as
306 affiliated with, a political party.";
307 (e) each ticket containing the lists of candidates, including the party name and device,
308 are separated by heavy parallel lines;
309 (f) the offices to be filled are plainly printed immediately above the names of the
310 candidates for those offices;
311 (g) the names of candidates are printed in capital letters, not less than one-eighth nor
312 more than one-fourth of an inch high in heavy-faced type not smaller than 10 point, between
313 lines or rules three-eighths of an inch apart; and
314 (h) on a ticket for a race in which a voter is authorized to cast a write-in vote and in
315 which a write-in candidate is qualified under Section 20A-9-601:
316 (i) the ballot includes a space for a write-in candidate immediately following the last
317 candidate listed on that ticket; or
318 (ii) for the offices of president and vice president and governor and lieutenant
319 governor, the ballot includes two spaces for write-in candidates immediately following the last
320 candidates on that ticket, one placed above the other, to enable the entry of two valid write-in
321 candidates.
322 (2) Each election officer shall ensure that:
323 (a) each [
324
325 party in accordance with the requirements applicable to the registered political party's class,
326 and no other [
327 (i) under the registered political party's name, if any; or
328 (ii) under the title of the registered political party [
329
330 designated, then under some suitable title;
331 (b) the names of all unaffiliated candidates that qualify as required in Title 20A,
332 Chapter 9, Part 5, Candidates not Affiliated with a Party, are placed on the ballot;
333 (c) the names of the candidates for president and vice president are used on the ballot
334 instead of the names of the presidential electors; and
335 (d) the ballots contain no other names.
336 (3) When the ballot contains a nonpartisan section, the election officer shall ensure
337 that:
338 (a) the designation of the office to be filled in the election and the number of
339 candidates to be elected are printed in type not smaller than eight point;
340 (b) the words designating the office are printed flush with the left-hand margin;
341 (c) the words, "Vote for one" or "Vote for up to _____ (the number of candidates for
342 which the voter may vote)" extend to the extreme right of the column;
343 (d) the nonpartisan candidates are grouped according to the office for which they are
344 candidates;
345 (e) the names in each group are placed in the order specified under Section 20A-6-305
346 with the surnames last; and
347 (f) each group is preceded by the designation of the office for which the candidates
348 seek election, and the words, "Vote for one" or "Vote for up to _____ (the number of
349 candidates for which the voter may vote)," according to the number to be elected.
350 (4) Each election officer shall ensure that:
351 (a) proposed amendments to the Utah Constitution are listed on the ballot in
352 accordance with Section 20A-6-107;
353 (b) ballot propositions submitted to the voters are listed on the ballot in accordance
354 with Section 20A-6-107; and
355 (c) bond propositions that have qualified for the ballot are listed on the ballot under the
356 title assigned to each bond proposition under Section 11-14-206.
357 Section 6. Section 20A-6-302 is amended to read:
358 20A-6-302. Paper ballots -- Placement of candidates' names.
359 (1) Each election officer shall ensure, for paper ballots in regular general elections,
360 that:
361 (a) each candidate is listed by party, if nominated by a class A, B, or C registered
362 political party [
363 with the requirements applicable to the registered political party's class;
364 (b) candidates' surnames are listed in alphabetical order on the ballots when two or
365 more candidates' names are required to be listed on a ticket under the title of an office; and
366 (c) the names of candidates are placed on the ballot in the order specified under Section
367 20A-6-305.
368 (2) (a) When there is only one candidate for county attorney at the regular general
369 election in counties that have three or fewer registered voters of the county who are licensed
370 active members in good standing of the Utah State Bar, the county clerk shall cause that
371 candidate's name and party affiliation, if any, to be placed on a separate section of the ballot
372 with the following question: "Shall (name of candidate) be elected to the office of county
373 attorney? Yes ____ No ____."
374 (b) If the number of "Yes" votes exceeds the number of "No" votes, the candidate is
375 elected to the office of county attorney.
376 (c) If the number of "No" votes exceeds the number of "Yes" votes, the candidate is not
377 elected and may not take office, nor may the candidate continue in the office past the end of the
378 term resulting from any prior election or appointment.
379 (d) When the name of only one candidate for county attorney is printed on the ballot
380 under authority of this Subsection (2), the county clerk may not count any write-in votes
381 received for the office of county attorney.
382 (e) If no qualified [
383 candidate is not elected by the voters, the county legislative body shall appoint the county
384 attorney as provided in Section 20A-1-509.2.
385 (f) If the candidate whose name would, except for this Subsection (2)(f), be placed on
386 the ballot under Subsection (2)(a) has been elected on a ballot under Subsection (2)(a) to the
387 two consecutive terms immediately preceding the term for which the candidate is seeking
388 election, Subsection (2)(a) does not apply and that candidate shall be considered to be an
389 unopposed candidate the same as any other unopposed candidate for another office, unless a
390 petition is filed with the county clerk before 5 p.m. no later than one day before that year's
391 primary election that:
392 (i) requests the procedure set forth in Subsection (2)(a) to be followed; and
393 (ii) contains the signatures of registered voters in the county representing in number at
394 least 25% of all votes cast in the county for all candidates for governor at the last election at
395 which a governor was elected.
396 (3) (a) When there is only one candidate for district attorney at the regular general
397 election in a prosecution district that has three or fewer registered voters of the district who are
398 licensed active members in good standing of the Utah State Bar, the county clerk shall cause
399 that candidate's name and party affiliation, if any, to be placed on a separate section of the
400 ballot with the following question: "Shall (name of candidate) be elected to the office of district
401 attorney? Yes ____ No ____."
402 (b) If the number of "Yes" votes exceeds the number of "No" votes, the candidate is
403 elected to the office of district attorney.
404 (c) If the number of "No" votes exceeds the number of "Yes" votes, the candidate is not
405 elected and may not take office, nor may the candidate continue in the office past the end of the
406 term resulting from any prior election or appointment.
407 (d) When the name of only one candidate for district attorney is printed on the ballot
408 under authority of this Subsection (3), the county clerk may not count any write-in votes
409 received for the office of district attorney.
410 (e) If no qualified [
411 only candidate is not elected by the voters under this subsection, the county legislative body
412 shall appoint a new district attorney for a four-year term as provided in Section 20A-1-509.2.
413 (f) If the candidate whose name would, except for this Subsection (3)(f), be placed on
414 the ballot under Subsection (3)(a) has been elected on a ballot under Subsection (3)(a) to the
415 two consecutive terms immediately preceding the term for which the candidate is seeking
416 election, Subsection (3)(a) does not apply and that candidate shall be considered to be an
417 unopposed candidate the same as any other unopposed candidate for another office, unless a
418 petition is filed with the county clerk before 5 p.m. no later than one day before that year's
419 primary election that:
420 (i) requests the procedure set forth in Subsection (3)(a) to be followed; and
421 (ii) contains the signatures of registered voters in the county representing in number at
422 least 25% of all votes cast in the county for all candidates for governor at the last election at
423 which a governor was elected.
424 Section 7. Section 20A-6-303 is amended to read:
425 20A-6-303. Regular general election -- Ballot sheets.
426 (1) Each election officer shall ensure that:
427 (a) copy on the ballot sheets or ballot labels, as applicable, are arranged in
428 approximately the same order as paper ballots;
429 (b) the ballot sheet or any pages used for the ballot label are of sufficient number to
430 include, after the list of candidates:
431 (i) the names of candidates for judicial offices and any other nonpartisan offices; and
432 (ii) any ballot propositions submitted to the voters for their approval or rejection;
433 (c) the office titles are printed immediately adjacent to the names of candidates so as to
434 indicate clearly the candidates for each office and the number to be elected;
435 (d) the party designation of each candidate who has been nominated by a class A, B, or
436 C registered political party [
437 accordance with the requirements applicable to the registered political party's class is printed
438 immediately adjacent to the candidate's name; and
439 (e) (i) if possible, all candidates for one office are grouped in one column or upon one
440 page;
441 (ii) if all candidates for one office cannot be listed in one column or grouped on one
442 page:
443 (A) the ballot sheet or ballot label shall be clearly marked to indicate that the list of
444 candidates is continued on the following column or page; and
445 (B) approximately the same number of names shall be printed in each column or on
446 each page.
447 (2) Each election officer shall ensure that:
448 (a) proposed amendments to the Utah Constitution are listed in accordance with
449 Section 20A-6-107;
450 (b) ballot propositions submitted to the voters are listed in accordance with Section
451 20A-6-107; and
452 (c) bond propositions that have qualified for the ballot are listed under the title
453 assigned to each bond proposition under Section 11-14-206.
454 Section 8. Section 20A-6-304 is amended to read:
455 20A-6-304. Regular general election -- Electronic ballots.
456 (1) Each election officer shall ensure that:
457 (a) the format and content of the electronic ballot is arranged in approximately the
458 same order as paper ballots;
459 (b) the titles of offices and the names of candidates are displayed in vertical columns or
460 in a series of separate display screens;
461 (c) the electronic ballot is of sufficient length to include, after the list of candidates:
462 (i) the names of candidates for judicial offices and any other nonpartisan offices; and
463 (ii) any ballot propositions submitted to the voters for their approval or rejection;
464 (d) the office titles are displayed above or at the side of the names of candidates so as
465 to indicate clearly the candidates for each office and the number to be elected;
466 (e) the party designation of each candidate who has been nominated by a class A, B, or
467 C registered political party [
468 accordance with the requirements applicable to the registered political party's class is displayed
469 adjacent to the candidate's name; and
470 (f) if possible, all candidates for one office are grouped in one column or upon one
471 display screen.
472 (2) Each election officer shall ensure that:
473 (a) proposed amendments to the Utah Constitution are displayed in accordance with
474 Section 20A-6-107;
475 (b) ballot propositions submitted to the voters are displayed in accordance with Section
476 20A-6-107; and
477 (c) bond propositions that have qualified for the ballot are displayed under the title
478 assigned to each bond proposition under Section 11-14-206.
479 Section 9. Section 20A-8-103 is amended to read:
480 20A-8-103. Petition procedures -- Criminal penalty.
481 (1) As used in this section, the proposed name or emblem of a registered political party
482 is "distinguishable" if a reasonable person of average intelligence will be able to perceive a
483 difference between the proposed name or emblem and any name or emblem currently being
484 used by another registered political party.
485 (2) To become a registered political party, an organization of registered voters that is
486 not a continuing political party shall:
487 (a) circulate a petition seeking registered political party status beginning no earlier than
488 the date of the statewide canvass held after the last regular general election and ending before 5
489 p.m. no later than November 30 of the year before the year in which the next regular general
490 election will be held;
491 (b) file a petition with the lieutenant governor that is signed, with a holographic
492 signature, by at least 2,000 registered voters before 5 p.m. no later than November 30 of the
493 year in which a regular general election will be held; and
494 (c) file, with the petition described in Subsection (2)(b), a document certifying:
495 (i) the identity of one or more registered political parties whose members may vote for
496 the organization's candidates;
497 (ii) whether unaffiliated voters may vote for the organization's candidates; and
498 (iii) whether, for the next election, the organization [
499
500 class A, B, C, or D registered political party.
501 (3) The petition shall:
502 (a) be on sheets of paper 8-1/2 inches long and 11 inches wide;
503 (b) be ruled with a horizontal line 3/4 inch from the top, with the space above that line
504 blank for the purpose of binding;
505 (c) contain the name of the political party and the words "Political Party Registration
506 Petition" printed directly below the horizontal line;
507 (d) contain the word "Warning" printed directly under the words described in
508 Subsection (3)(c);
509 (e) contain, to the right of the word "Warning," the following statement printed in not
510 less than eight-point, single leaded type:
511 "It is a class A misdemeanor for anyone to knowingly sign a political party registration
512 petition signature sheet with any name other than the individual's own name or more than once
513 for the same party or if the individual is not registered to vote in this state and does not intend
514 to become registered to vote in this state before the petition is submitted to the lieutenant
515 governor.";
516 (f) contain the following statement directly under the statement described in Subsection
517 (3)(e):
518 "POLITICAL PARTY REGISTRATION PETITION To the Honorable ____,
519 Lieutenant Governor:
520 We, the undersigned citizens of Utah, seek registered political party status for ____
521 (name);
522 Each signer says:
523 I have personally signed this petition with a holographic signature;
524 I am registered to vote in Utah or will register to vote in Utah before the petition is
525 submitted to the lieutenant governor;
526 I am or desire to become a member of the political party; and
527 My street address is written correctly after my name.";
528 (g) be vertically divided into columns as follows:
529 (i) the first column shall appear at the extreme left of the sheet, be 5/8 inch wide, be
530 headed with "For Office Use Only," and be subdivided with a light vertical line down the
531 middle;
532 (ii) the next column shall be 2-1/2 inches wide, headed "Registered Voter's Printed
533 Name (must be legible to be counted)";
534 (iii) the next column shall be 2-1/2 inches wide, headed "Holographic Signature of
535 Registered Voter";
536 (iv) the next column shall be one inch wide, headed "Birth Date or Age (Optional)";
537 (v) the final column shall be 4-3/8 inches wide, headed "Street Address, City, Zip
538 Code"; and
539 (vi) at the bottom of the sheet, contain the following statement: "Birth date or age
540 information is not required, but it may be used to verify your identity with voter registration
541 records. If you choose not to provide it, your signature may not be certified as a valid signature
542 if you change your address before petition signatures are certified or if the information you
543 provide does not match your voter registration records.";
544 (h) have a final page bound to one or more signature sheets that are bound together that
545 contains the following printed statement:
546 "Verification
547 State of Utah, County of ____
548 I, _______________, of ____, hereby state that:
549 I am a Utah resident and am at least 18 years old;
550 All the names that appear on the signature sheets bound to this page were signed by
551 individuals who professed to be the individuals whose names appear on the signature sheets,
552 and each individual signed the individual's name on the signature sheets in my presence;
553 I believe that each individual has printed and signed the individual's name and written
554 the individual's street address correctly, and that each individual is registered to vote in Utah or
555 will register to vote in Utah before the petition is submitted to the lieutenant governor.
556 ______________________________________________________________________
557 (Signature) (Residence Address) (Date)"; and
558 (i) be bound to a cover sheet that:
559 (i) identifies the political party's name, which may not exceed four words, and the
560 emblem of the party;
561 (ii) states the process that the organization will follow to organize and adopt a
562 constitution and bylaws; and
563 (iii) is signed by a filing officer, who agrees to receive communications on behalf of
564 the organization.
565 (4) The filing officer described in Subsection (3)(i)(iii) shall ensure that the individual
566 in whose presence each signature sheet is signed:
567 (a) is at least 18 years old;
568 (b) meets the residency requirements of Section 20A-2-105; and
569 (c) verifies each signature sheet by completing the verification bound to one or more
570 signature sheets that are bound together.
571 (5) An individual may not sign the verification if the individual signed a signature
572 sheet bound to the verification.
573 (6) The lieutenant governor shall:
574 (a) determine whether the required number of voters appears on the petition;
575 (b) review the proposed name and emblem to determine if they are "distinguishable"
576 from the names and emblems of other registered political parties; and
577 (c) certify the lieutenant governor's findings to the filing officer described in
578 Subsection (3)(i)(iii) within 30 days of the filing of the petition.
579 (7) (a) If the lieutenant governor determines that the petition meets the requirements of
580 this section, and that the proposed name and emblem are distinguishable, the lieutenant
581 governor shall authorize the filing officer described in Subsection (3)(i)(iii) to organize the
582 prospective political party.
583 (b) If the lieutenant governor finds that the name, emblem, or both are not
584 distinguishable from the names and emblems of other registered political parties, the lieutenant
585 governor shall notify the filing officer that the filing officer has seven days to submit a new
586 name or emblem to the lieutenant governor.
587 (8) A registered political party may not change its name or emblem during the regular
588 general election cycle.
589 (9) (a) It is unlawful for an individual to:
590 (i) knowingly sign a political party registration petition:
591 (A) with any name other than the individual's own name;
592 (B) more than once for the same political party; or
593 (C) if the individual is not registered to vote in this state and does not intend to become
594 registered to vote in this state before the petition is submitted to the lieutenant governor; or
595 (ii) sign the verification of a political party registration petition signature sheet if the
596 individual:
597 (A) does not meet the residency requirements of Section 20A-2-105;
598 (B) has not witnessed the signing by those individuals whose names appear on the
599 political party registration petition signature sheet; or
600 (C) knows that an individual whose signature appears on the political party registration
601 petition signature sheet is not registered to vote in this state and does not intend to become
602 registered to vote in this state.
603 (b) An individual who violates this Subsection (9) is guilty of a class A misdemeanor.
604 Section 10. Section 20A-9-101 is amended to read:
605 20A-9-101. Definitions.
606 As used in this chapter:
607 (1) (a) "Candidates for elective office" means persons who file a declaration of
608 candidacy under Section 20A-9-202 to run in a regular general election for a federal office,
609 constitutional office, multicounty office, or county office.
610 (b) "Candidates for elective office" does not mean candidates for:
611 (i) justice or judge of court of record or not of record;
612 (ii) presidential elector;
613 (iii) any political party offices; and
614 (iv) municipal or local district offices.
615 (2) "Class A registered political party" means a registered political party that, by timely
616 certifying as a class A registered political party under Section 20A-9-102, voluntarily agrees:
617 (a) to permit a member of the registered political party to seek the registered political
618 party's nomination for any elective office via party convention only; and
619 (b) that the two candidates who receive the highest number of votes for each office at
620 convention will compete for the nomination in a primary election unless one candidate receives
621 at least two-thirds of the votes cast at convention for that office.
622 (3) "Class B registered political party" means a registered political party that, by timely
623 certifying as a class B registered political party under Section 20A-9-102, voluntarily agrees:
624 (a) (i) to permit a delegate for the registered political party to vote on a candidate
625 nomination in the registered political party's convention remotely; or
626 (ii) to provide a procedure for designating an alternate delegate if a delegate is not
627 present at the registered political party's convention;
628 (b) to hold the registered political party's convention no earlier than the fourth Saturday
629 in March of an even-numbered year; and
630 (c) to permit a member of the registered political party to seek the registered political
631 party's nomination for any elective office by the member choosing to seek the nomination by
632 either or both of the following methods:
633 (i) seeking the nomination through the registered political party's convention process,
634 in accordance with the provisions of Section 20A-9-407; or
635 (ii) seeking the nomination by collecting signatures, in accordance with the provisions
636 of Section 20A-9-408.
637 (4) "Class C registered political party" means a registered political party that, by timely
638 certifying as a class C registered political party under Section 20A-9-102, voluntarily agrees to
639 permit a member of the registered political party to seek the registered political party's
640 nomination for any elective office by signature only, in accordance with Section 20A-9-403.
641 (5) "Class D registered political party" means a registered political party that:
642 (a) by timely certifying as a class D registered political party under Section 20A-9-102,
643 voluntarily agrees:
644 (i) to permit a member of the registered political party to seek the registered political
645 party's nomination for any elective office by a means other than the means required for a class
646 A, B, or C registered political party;
647 (ii) that the registered political party will not participate in the regular primary election;
648 and
649 (iii) that the registered political party's nominees will appear on the general election
650 ballot without any indication of party affiliation or affiliation with any other political group; or
651 (b) by failing to timely certify as a class A, B, C, or D registered political party under
652 Section 20A-9-102, is not entitled to, and is not permitted to:
653 (i) participate in the regular primary election; or
654 (ii) have the registered political party's nominees appear on the general election ballot
655 with any indication of party affiliation or affiliation with any other political group.
656 [
657 governor, attorney general, state auditor, and state treasurer.
658 [
659 20A-8-101.
660 [
661 by voters entirely within one county.
662 (b) "County office" does not mean:
663 (i) the office of justice or judge of any court of record or not of record;
664 (ii) the office of presidential elector;
665 (iii) any political party offices;
666 (iv) any municipal or local district offices; and
667 (v) the office of United States Senator and United States Representative.
668 [
669 States Representative.
670 [
671 (a) the lieutenant governor, for:
672 (i) the office of United States Senator and United States Representative; and
673 (ii) all constitutional offices;
674 (b) the county clerk, for county offices and local school district offices;
675 (c) the county clerk in the filer's county of residence, for multicounty offices;
676 (d) the city or town clerk, for municipal offices; and
677 (e) the local district clerk, for local district offices.
678 [
679 [
680 local district offices and other elective offices selected by the voters from a political division
681 entirely within one county.
682 [
683 selected by the voters from more than one county.
684 (b) "Multicounty office" does not mean:
685 (i) a county office;
686 (ii) a federal office;
687 (iii) the office of justice or judge of any court of record or not of record;
688 (iv) the office of presidential elector;
689 (v) any political party offices; and
690 (vi) any municipal or local district offices.
691 [
692 [
693 is elected and that an officeholder represents.
694 (b) "Political division" includes a county, a city, a town, a local district, a school
695 district, a legislative district, and a county prosecution district.
696 [
697 [
698
699 [
700
701 [
702
703 [
704
705
706 [
707
708 [
709
710 [
711
712
713
714 [
715
716
717
718 Section 11. Section 20A-9-102 is enacted to read:
719 20A-9-102. Certification of registered political party class -- Effect of certification
720 or failure to timely certify.
721 (1) A registered political party that is a continuing political party shall, no later than 5
722 p.m. on September 30 of an odd-numbered year, certify to the lieutenant governor, in writing:
723 (a) whether the registered political party will be a class A, class B, class C, or class D
724 registered political party during the following even-numbered year; and
725 (b) for a class A, class B, or class C registered political party:
726 (i) the name of one or more registered political parties whose members may vote for
727 the registered political party's candidates in the regular primary election; and
728 (ii) whether individuals identified as unaffiliated with a registered political party may
729 vote for the registered political party's candidates in the regular primary election.
730 (2) A registered political party that is not a continuing political party, shall, at the time
731 that the registered political party files the petition described in Section 20A-8-103, certify to
732 the lieutenant governor, in writing:
733 (a) whether the registered political party will be a class A, class B, class C, or class D
734 registered political party during the following even-numbered year; and
735 (b) for a class A, class B, or class C registered political party:
736 (i) the name of one or more registered political parties whose members may vote for
737 the registered political party's candidates in the regular primary election; and
738 (ii) whether individuals identified as unaffiliated with a registered political party may
739 vote for the registered political party's candidates in the regular primary election.
740 (3) A registered political party that fails to timely provide the certification described in
741 Subsection (1) or (2) is a class D registered political party during the even-numbered year
742 following the applicable deadline described in Subsection (1) or (2).
743 (4) If a registered political party certifies as a class A, class B, class C, or class D
744 registered political party:
745 (a) the registered political party may not, after certifying, change the registered political
746 party's class for purposes of an election during the even-numbered year following the
747 applicable deadline described in Subsection (1) or (2); and
748 (b) any action taken by the registered political party that is intended to, or may have the
749 effect of, changing the class of the registered political party or interfering with the election
750 process provided by law for the class of the registered political party will not be given legal
751 effect by the state for an election in the even-numbered year following the deadline described
752 in Subsection (1) or (2).
753 (5) If a registered political party becomes a class D registered political party by failing
754 to timely provide the certification described in Subsection (1) or (2):
755 (a) the registered political party may not, after the applicable deadline described in
756 Subsection (1) or (2), change the registered political party's class for purposes of an election
757 during the even-numbered year following the applicable deadline described in Subsection (1)
758 or (2); and
759 (b) any action taken by the registered political party that is intended to change, or that
760 may have the effect of changing, the class of the registered political party or interfering with
761 the election process provided by law for a class D registered political party will not be given
762 legal effect by the state for an election in the even-numbered year following the applicable
763 deadline described in Subsection (1) or (2).
764 Section 12. Section 20A-9-201 is amended to read:
765 20A-9-201. Declarations of candidacy -- Candidacy for more than one office or of
766 more than one political party prohibited with exceptions -- General filing and form
767 requirements -- Affidavit of impecuniosity.
768 (1) Before filing a declaration of candidacy for election to any office, an individual
769 shall:
770 (a) be a United States citizen;
771 (b) meet the legal requirements of that office; and
772 (c) if seeking a registered political party's nomination as a candidate for elective office,
773 state:
774 (i) the registered political party of which the individual is a member; or
775 (ii) that the individual is not a member of a registered political party.
776 (2) (a) Except as provided in Subsection (2)(b), an individual may not:
777 (i) file a declaration of candidacy for, or be a candidate for, more than one office in
778 Utah during any election year;
779 (ii) appear on the ballot as the candidate of more than one political party; or
780 (iii) file a declaration of candidacy for a registered political party of which the
781 individual is not a member, except to the extent that the registered political party permits
782 otherwise in the registered political party's bylaws.
783 (b) (i) An individual may file a declaration of candidacy for, or be a candidate for,
784 president or vice president of the United States and another office, if the individual resigns the
785 individual's candidacy for the other office after the individual is officially nominated for
786 president or vice president of the United States.
787 (ii) An individual may file a declaration of candidacy for, or be a candidate for, more
788 than one justice court judge office.
789 (iii) An individual may file a declaration of candidacy for lieutenant governor even if
790 the individual filed a declaration of candidacy for another office in the same election year if the
791 individual withdraws as a candidate for the other office in accordance with Subsection
792 20A-9-202(6) before filing the declaration of candidacy for lieutenant governor.
793 (3) (a) Except for a candidate for president or vice president of the United States,
794 before the filing officer may accept any declaration of candidacy, the filing officer shall:
795 (i) read to the individual the constitutional and statutory qualification requirements for
796 the office that the individual is seeking;
797 (ii) require the individual to state whether the individual meets the requirements
798 described in Subsection (3)(a)(i); and
799 (iii) if the declaration of candidacy is for a county office, inform the individual that an
800 individual who holds a county elected office may not, at the same time, hold a municipal
801 elected office.
802 (iv) if the declaration of candidacy is for a legislative office, inform the individual that
803 Utah Constitution, Article VI, Section 6, prohibits a person who holds a public office of profit
804 or trust, under authority of the United States or Utah, from being a member of the Legislature.
805 (b) Before accepting a declaration of candidacy for the office of county attorney, the
806 county clerk shall ensure that the individual filing that declaration of candidacy is:
807 (i) a United States citizen;
808 (ii) an attorney licensed to practice law in the state who is an active member in good
809 standing of the Utah State Bar;
810 (iii) a registered voter in the county in which the individual is seeking office; and
811 (iv) a current resident of the county in which the individual is seeking office and either
812 has been a resident of that county for at least one year or was appointed and is currently serving
813 as county attorney and became a resident of the county within 30 days after appointment to the
814 office.
815 (c) Before accepting a declaration of candidacy for the office of district attorney, the
816 county clerk shall ensure that, as of the date of the election, the individual filing that
817 declaration of candidacy is:
818 (i) a United States citizen;
819 (ii) an attorney licensed to practice law in the state who is an active member in good
820 standing of the Utah State Bar;
821 (iii) a registered voter in the prosecution district in which the individual is seeking
822 office; and
823 (iv) a current resident of the prosecution district in which the individual is seeking
824 office and either will have been a resident of that prosecution district for at least one year as of
825 the date of the election or was appointed and is currently serving as district attorney and
826 became a resident of the prosecution district within 30 days after receiving appointment to the
827 office.
828 (d) Before accepting a declaration of candidacy for the office of county sheriff, the
829 county clerk shall ensure that the individual filing the declaration:
830 (i) is a United States citizen;
831 (ii) is a registered voter in the county in which the individual seeks office;
832 (iii) (A) has successfully met the standards and training requirements established for
833 law enforcement officers under Title 53, Chapter 6, Part 2, Peace Officer Training and
834 Certification Act; or
835 (B) has met the waiver requirements in Section 53-6-206;
836 (iv) is qualified to be certified as a law enforcement officer, as defined in Section
837 53-13-103; and
838 (v) as of the date of the election, will have been a resident of the county in which the
839 individual seeks office for at least one year.
840 (e) Before accepting a declaration of candidacy for the office of governor, lieutenant
841 governor, state auditor, state treasurer, attorney general, state legislator, or State Board of
842 Education member, the filing officer shall ensure[
843 of candidacy also makes the conflict of interest disclosure required by Section 20A-11-1603[
844
845 [
846
847
848 (4) If an individual who files a declaration of candidacy does not meet the qualification
849 requirements for the office the individual is seeking, the filing officer may not accept the
850 individual's declaration of candidacy.
851 (5) If an individual who files a declaration of candidacy meets the requirements
852 described in Subsection (3), the filing officer shall:
853 (a) inform the individual that:
854 (i) the individual's name will appear on the ballot as the individual's name is written on
855 the individual's declaration of candidacy;
856 (ii) the individual may be required to comply with state or local campaign finance
857 disclosure laws; and
858 (iii) the individual is required to file a financial statement before the individual's
859 political convention under:
860 (A) Section 20A-11-204 for a candidate for constitutional office;
861 (B) Section 20A-11-303 for a candidate for the Legislature; or
862 (C) local campaign finance disclosure laws, if applicable;
863 (b) except for a presidential candidate, provide the individual with a copy of the current
864 campaign financial disclosure laws for the office the individual is seeking and inform the
865 individual that failure to comply will result in disqualification as a candidate and removal of
866 the individual's name from the ballot;
867 (c) provide the individual with a copy of Section 20A-7-801 regarding the Statewide
868 Electronic Voter Information Website Program and inform the individual of the submission
869 deadline under Subsection 20A-7-801(4)(a);
870 (d) provide the candidate with a copy of the pledge of fair campaign practices
871 described under Section 20A-9-206 and inform the candidate that:
872 (i) signing the pledge is voluntary; and
873 (ii) signed pledges shall be filed with the filing officer;
874 (e) accept the individual's declaration of candidacy; and
875 (f) if the individual has filed for a partisan office, provide a certified copy of the
876 declaration of candidacy to the chair of the county or state political party of which the
877 individual is a member.
878 (6) If the candidate elects to sign the pledge of fair campaign practices, the filing
879 officer shall:
880 (a) accept the candidate's pledge; and
881 (b) if the candidate has filed for a partisan office, provide a certified copy of the
882 candidate's pledge to the chair of the county or state political party of which the candidate is a
883 member.
884 (7) (a) Except for a candidate for president or vice president of the United States, the
885 form of the declaration of candidacy shall:
886 (i) be substantially as follows:
887 "State of Utah, County of ____
888 I, ______________, declare my candidacy for the office of ____, seeking the
889 nomination of the ____ party. I do solemnly swear that: I will meet the qualifications to
890 hold the office, both legally and constitutionally, if selected; I reside at _____________
891 in the City or Town of ____, Utah, Zip Code ____ Phone No. ____; I will not
892 knowingly violate any law governing campaigns and elections; if filing via a designated
893 agent, I will be out of the state of Utah during the entire candidate filing period; I will
894 file all campaign financial disclosure reports as required by law; and I understand that
895 failure to do so will result in my disqualification as a candidate for this office and
896 removal of my name from the ballot. The mailing address that I designate for receiving official
897 election notices is ___________________________.
898 ____________________________________________________________________
899 Subscribed and sworn before me this __________(month\day\year).
900
Notary Public (or other officer qualified to administer oath)."; and
901 (ii) require the candidate to state, in the sworn statement described in Subsection
902 (7)(a)(i):
903 (A) the registered political party of which the candidate is a member; or
904 (B) that the candidate is not a member of a registered political party.
905 (b) An agent designated under Subsection 20A-9-202[
906 candidacy may not sign the form described in Subsection (7)(a) or Section 20A-9-408.5.
907 (8) (a) Except for presidential candidates, the fee for filing a declaration of candidacy
908 is:
909 (i) $50 for candidates for the local school district board; and
910 (ii) $50 plus 1/8 of 1% of the total salary for the full term of office legally paid to the
911 person holding the office for all other federal, state, and county offices.
912 (b) Except for presidential candidates, the filing officer shall refund the filing fee to
913 any candidate:
914 (i) who is disqualified; or
915 (ii) who the filing officer determines has filed improperly.
916 (c) (i) The county clerk shall immediately pay to the county treasurer all fees received
917 from candidates.
918 (ii) The lieutenant governor shall:
919 (A) apportion to and pay to the county treasurers of the various counties all fees
920 received for filing of nomination certificates or acceptances; and
921 (B) ensure that each county receives that proportion of the total amount paid to the
922 lieutenant governor from the congressional district that the total vote of that county for all
923 candidates for representative in Congress bears to the total vote of all counties within the
924 congressional district for all candidates for representative in Congress.
925 (d) (i) A person who is unable to pay the filing fee may file a declaration of candidacy
926 without payment of the filing fee upon a prima facie showing of impecuniosity as evidenced by
927 an affidavit of impecuniosity filed with the filing officer and, if requested by the filing officer,
928 a financial statement filed at the time the affidavit is submitted.
929 (ii) A person who is able to pay the filing fee may not claim impecuniosity.
930 (iii) (A) False statements made on an affidavit of impecuniosity or a financial
931 statement filed under this section shall be subject to the criminal penalties provided under
932 Sections 76-8-503 and 76-8-504 and any other applicable criminal provision.
933 (B) Conviction of a criminal offense under Subsection (8)(d)(iii)(A) shall be
934 considered an offense under this title for the purposes of assessing the penalties provided in
935 Subsection 20A-1-609(2).
936 (iv) The filing officer shall ensure that the affidavit of impecuniosity is printed in
937 substantially the following form:
938 "Affidavit of Impecuniosity
939 Individual Name
940 ____________________________Address_____________________________
941 Phone Number _________________
942 I,__________________________(name), do solemnly [swear] [affirm], under penalty of law
943 for false statements, that, owing to my poverty, I am unable to pay the filing fee required by
944 law.
945 Date ______________ Signature________________________________________________
946 Affiant
947 Subscribed and sworn to before me on ___________ (month\day\year)
948
______________________
949
(signature)
950 Name and Title of Officer Authorized to Administer Oath
______________________"
951 (v) The filing officer shall provide to a person who requests an affidavit of
952 impecuniosity a statement printed in substantially the following form, which may be included
953 on the affidavit of impecuniosity:
954 "Filing a false statement is a criminal offense. In accordance with Section 20A-1-609, a
955 candidate who is found guilty of filing a false statement, in addition to being subject to criminal
956 penalties, will be removed from the ballot."
957 (vi) The filing officer may request that a person who makes a claim of impecuniosity
958 under this Subsection (8)(d) file a financial statement on a form prepared by the election
959 official.
960 (9) An individual who fails to file a declaration of candidacy or certificate of
961 nomination within the time provided in this chapter is ineligible for nomination to office.
962 (10) A declaration of candidacy filed under this section may not be amended or
963 modified after the final date established for filing a declaration of candidacy.
964 Section 13. Section 20A-9-202 is amended to read:
965 20A-9-202. Declarations of candidacy for regular general elections.
966 [
967
968 [
969
970
971 [
972 [
973
974
975 [
976
977 [
978 (1) An individual seeking to become a candidate for an elective office that is to be
979 filled at the next regular general election shall:
980 (a) file a declaration of candidacy in accordance with Subsection (2) or (3), as
981 applicable; and
982 (b) pay the filing fee at the time of filing.
983 (2) If an individual described in Subsection (1) will seek to become a candidate by
984 gathering signatures under Section 20A-9-403 or 20A-9-408, the individual shall, except as
985 provided in Subsection (4), file a declaration of candidacy in person with the filing officer:
986 (a) on or after January 1 of the regular general election year; and
987 (b) before the earlier of:
988 (i) before the individual circulates nomination petitions under Section 20A-9-403 or
989 20A-9-408; or
990 (ii) 5 p.m. on the third Thursday in March before the next regular general election.
991 (3) If an individual described in Subsection (1) will not seek to become a candidate by
992 gathering signatures under Section 20A-9-403 or 20A-9-408, the individual shall, except as
993 provided in Subsection (4), file a declaration of candidacy in person with the filing officer:
994 (a) on or after the second Friday in March before the next regular general election; and
995 (b) before 5 p.m. on the third Thursday in March before the next regular general
996 election.
997 [
998 to file a declaration of candidacy with the filing officer if:
999 [
1000 [
1001 [
1002 that allows the individual and filing officer to see and hear each other; and
1003 [
1004 filing officer may send the individual the copies described in Subsection 20A-9-201(5).
1005 [
1006 candidate for multicounty office shall transmit the filing fee and a copy of the candidate's
1007 declaration of candidacy to the lieutenant governor within one business day after the candidate
1008 files the declaration of candidacy.
1009 [
1010 governor electronically or by telephone of candidates who have filed a declaration of candidacy
1011 with the county clerk.
1012 [
1013 attorney, or the office of president or vice president of the United States shall comply with the
1014 specific declaration of candidacy requirements established by this section.
1015 [
1016 attorney within a multicounty prosecution district that is to be filled at the next regular general
1017 election shall:
1018 (i) file a declaration of candidacy with the clerk designated in the interlocal agreement
1019 creating the prosecution district on or after January 1 of the regular general election year, and
1020 before the earlier of:
1021 (A) before the individual circulates nomination petitions under Section 20A-9-405;
1022 [
1023 (B) 5 p.m. on the third Thursday in March before the next regular general election; and
1024 (ii) pay the filing fee.
1025 (b) The designated clerk shall provide to the county clerk of each county in the
1026 prosecution district a certified copy of each declaration of candidacy filed for the office of
1027 district attorney.
1028 [
1029 or (3), each lieutenant governor candidate shall:
1030 (i) file a declaration of candidacy with the lieutenant governor;
1031 (ii) pay the filing fee; and
1032 (iii) submit a letter from a candidate for governor who has received certification for the
1033 primary-election ballot under Section 20A-9-403, 20A-9-407, 20A-9-408, or 20A-9-409.5 that
1034 names the lieutenant governor candidate as a joint-ticket running mate.
1035 (b) (i) A candidate for lieutenant governor who fails to timely file is disqualified.
1036 (ii) If a candidate for lieutenant governor is disqualified, another candidate may file to
1037 replace the disqualified candidate.
1038 [
1039 (a) certify the names of the political party's candidates for president and vice president
1040 of the United States to the lieutenant governor; or
1041 (b) provide written authorization for the lieutenant governor to accept the certification
1042 of candidates for president and vice president of the United States from the national office of
1043 the registered political party.
1044 [
1045 objection is filed with the clerk or lieutenant governor before 5 p.m. within five days after the
1046 last day for filing.
1047 (b) If an objection is made, the clerk or lieutenant governor shall:
1048 (i) mail or personally deliver notice of the objection to the affected candidate
1049 immediately; and
1050 (ii) decide any objection within 48 hours after [
1051 (c) If the clerk or lieutenant governor sustains the objection, the candidate may cure the
1052 problem by amending the declaration or petition before 5 p.m. within three days after the day
1053 on which the objection is sustained or by filing a new declaration before 5 p.m. within three
1054 days after the day on which the objection is sustained.
1055 (d) (i) The clerk's or lieutenant governor's decision upon objections to form is final.
1056 (ii) The clerk's or lieutenant governor's decision upon substantive matters is reviewable
1057 by a district court if prompt application is made to the court.
1058 (iii) The decision of the district court is final unless the Supreme Court, in the exercise
1059 of its discretion, agrees to review the lower court decision.
1060 [
1061 candidate by filing a written affidavit with the clerk.
1062 [
1063 under Subsection [
1064 than August 31 of a general election year, each individual running as a candidate for vice
1065 president of the United States shall:
1066 (i) file a declaration of candidacy, in person or via a designated agent, on a form
1067 developed by the lieutenant governor, that:
1068 (A) contains the individual's name, address, and telephone number;
1069 (B) states that the individual meets the qualifications for the office of vice president of
1070 the United States;
1071 (C) names the presidential candidate, who has qualified for the general election ballot,
1072 with which the individual is running as a joint-ticket running mate;
1073 (D) states that the individual agrees to be the running mate of the presidential candidate
1074 described in Subsection [
1075 (E) contains any other necessary information identified by the lieutenant governor;
1076 (ii) pay the filing fee, if applicable; and
1077 (iii) submit a letter from the presidential candidate described in Subsection [
1078 (11)(a)(i)(C) that names the individual as a joint-ticket running mate as a vice presidential
1079 candidate.
1080 (b) A designated agent described in Subsection [
1081 declaration of candidacy.
1082 (c) A vice presidential candidate who fails to meet the requirements described in this
1083 Subsection [
1084 Section 14. Section 20A-9-402.5 is enacted to read:
1085 20A-9-402.5. Indication of affiliation on regular general election ballot.
1086 (1) Each registered political party that chooses to have the names of the registered
1087 political party's candidates for elective office featured with party affiliation on the ballot at a
1088 regular general election shall timely certify as a class A, B, or C registered political party under
1089 Section 20A-9-102 and comply with the requirements of this chapter in relation to the class
1090 certified by the registered political party.
1091 (2) A filing officer may not permit an official ballot at a regular general election to be
1092 produced or used if the ballot denotes affiliation between a political party or any other political
1093 group and a candidate for elective office unless the candidate is:
1094 (a) a member of a class A, B, or C registered political party; and
1095 (b) nominated by the candidate's registered political party in the manner specified for
1096 the class certified by the candidate's registered political party.
1097 (3) This section does not affect a candidate's ability to qualify for a regular general
1098 election's ballot as an unaffiliated candidate under Section 20A-9-501 or to participate in a
1099 regular general election as a write-in candidate under Section 20A-9-601.
1100 Section 15. Section 20A-9-402.7 is enacted to read:
1101 20A-9-402.7. Class D registered political party -- Requirements -- Duties of
1102 lieutenant governor.
1103 The following provisions apply to a class D registered political party:
1104 (1) an individual may only seek the nomination of the registered political party using
1105 the internal process designated by the registered political party;
1106 (2) (a) by timely certifying as a class D registered political party under Section
1107 20A-9-102, the registered political party voluntarily agrees:
1108 (i) to permit a member of the registered political party to seek the registered political
1109 party's nomination for any elective office by a means other than the means required for a class
1110 A, B, or C registered political party;
1111 (ii) that the registered political party will not participate in the regular primary election;
1112 and
1113 (iii) that the registered political party's nominees will appear on the general election
1114 ballot without any indication of party affiliation or affiliation with any other political group; or
1115 (b) by failing to timely certify as a class A, B, C, or D registered political party under
1116 Section 20A-9-102, is not entitled to, and is not permitted to:
1117 (i) participate in the regular primary election; or
1118 (ii) have the registered political party's nominees appear on the general election ballot
1119 with any indication of party affiliation or affiliation with any other political group;
1120 (3) the registered political party shall, before the deadline described in Subsection
1121 20A-9-202(3)(b), certify to the lieutenant governor the registered political party's nominee for
1122 each office; and
1123 (4) the lieutenant governor shall include the registered political party's nominee for
1124 each office on the general election ballot without any indication of party affiliation or
1125 affiliation with any other political group.
1126 Section 16. Section 20A-9-403 is amended to read:
1127 20A-9-403. Regular primary elections for class C registered political party.
1128 [
1129
1130
1131
1132
1133
1134 [
1135
1136
1137
1138
1139 [
1140
1141
1142
1143 [
1144
1145 [
1146
1147 [
1148
1149
1150
1151 [
1152
1153
1154
1155 [
1156
1157
1158 [
1159
1160
1161 The following provisions apply to a class C registered political party:
1162 (1) by timely certifying as a class C registered political party under Section 20A-9-102,
1163 the registered political party voluntarily agrees to permit a member of the registered political
1164 party to seek the registered political party's nomination for any elective office by signature
1165 only, in accordance with Section 20A-9-403;
1166 [
1167 submits a declaration of candidacy under Section 20A-9-202 for a class C political party shall
1168 appear as a candidate for elective office on the regular primary ballot of the registered political
1169 party listed on the declaration of candidacy only if the individual is certified by the appropriate
1170 filing officer as having submitted a set of nomination petitions that was:
1171 [
1172 [
1173 the political division of the office that the individual seeks[
1174 [
1175 (a) shall submit nomination petitions to the appropriate filing officer for verification
1176 and certification no later than 5 p.m. on the final day in March[
1177 [
1178 before the filing deadline[
1179 [
1180 (a) determine for each elective office the total number of signatures that must be
1181 submitted under Subsection [
1182 residing in each elective office's political division who have designated a particular registered
1183 political party on the individuals' voter registration forms on or before November 15 of each
1184 odd-numbered year[
1185 [
1186 office no later than November 30 of each odd-numbered year[
1187 [
1188 [
1189 no later than 14 days after the day on which a candidate submits the signatures to the filing
1190 officer;
1191 [
1192 petitions to the filing officer, issue certifications referenced in Subsection [
1193 than the deadline described in Subsection 20A-9-202[
1194 [
1195 [
1196 registered political party for purposes of Subsection [
1197 designated that registered political party as the individual's party membership on the
1198 individual's voter registration form; and
1199 [
1200 nomination petition signatures[
1201
1202 [
1203 section, a candidate for lieutenant governor may appear on the regular primary ballot of a class
1204 C registered political party without submitting nomination petitions if the candidate files a
1205 declaration of candidacy and complies with Subsection 20A-9-202[
1206 [
1207
1208 [
1209 [
1210
1211 [
1212
1213 [
1214
1215 [
1216 [
1217
1218 [
1219
1220
1221 [
1222
1223 [
1224
1225 [
1226
1227
1228
1229 [
1230
1231
1232 [
1233
1234 [
1235
1236
1237 [
1238
1239
1240
1241
1242 [
1243
1244 [
1245 [
1246 [
1247
1248
1249
1250 [
1251 [
1252
1253
1254 [
1255
1256
1257
1258 [
1259
1260
1261 [
1262
1263
1264
1265 [
1266
1267
1268
1269 [
1270
1271
1272
1273 [
1274
1275
1276 Section 17. Section 20A-9-403.5 is enacted to read:
1277 20A-9-403.5. Local boards of education -- Ballot placement.
1278 The county clerk shall:
1279 (1) review the declarations of candidacy filed by candidates for local boards of
1280 education to determine if more than two candidates have filed for the same seat;
1281 (2) place the names of all candidates who have filed a declaration of candidacy for a
1282 local board of education seat on the nonpartisan section of the ballot if more than two
1283 candidates have filed for the same seat; and
1284 (3) determine the order of the local board of education candidates' names on the ballot
1285 in accordance with Section 20A-6-305.
1286 Section 18. Section 20A-9-403.7 is enacted to read:
1287 20A-9-403.7. List of qualified candidates for primary election ballot -- Notice of
1288 primary election -- Nominee selected at primary election -- Election expenses -- Party
1289 membership.
1290 (1) (a) Before the deadline described in Subsection 20A-9-409(4)(c), the lieutenant
1291 governor shall provide to the county clerks:
1292 (i) a list of the names of all candidates for federal, constitutional, multi-county, single
1293 county, and county offices who have qualified for placement on the primary election ballot,
1294 along with instructions on how those names shall appear on the ballot in accordance with
1295 Section 20A-6-305; and
1296 (ii) a list of unopposed candidates for elective office who have been nominated by a
1297 registered political party under Subsection (2)(c) and instruct the county clerks to exclude the
1298 unopposed candidates from the primary election ballot.
1299 (b) A candidate for lieutenant governor and a candidate for governor campaigning as
1300 joint-ticket running mates shall appear jointly on the primary election ballot.
1301 (c) After the county clerk receives the certified list from the lieutenant governor under
1302 Subsection (1)(a), the county clerk shall post or publish a primary election notice in
1303 substantially the following form:
1304 "Notice is given that a primary election will be held Tuesday, June ____,
1305 ________(year), to nominate party candidates for the parties and candidates for nonpartisan
1306 local school board positions listed on the primary ballot. The polling place for voting precinct
1307 ____ is ____. The polls will open at 7 a.m. and continue open until 8 p.m. of the same day.
1308 Attest: county clerk."
1309 (2) (a) A candidate who, at the regular primary election, receives the highest number of
1310 votes cast for the office sought by the candidate is:
1311 (i) nominated for that office by the candidate's registered political party; or
1312 (ii) for a nonpartisan local school board position, nominated for that office.
1313 (b) If two or more candidates are to be elected to the office at the regular general
1314 election, those party candidates equal in number to positions to be filled who receive the
1315 highest number of votes at the regular primary election are the nominees of the candidates'
1316 party for those positions.
1317 (c) (i) As used in this Subsection (2)(c), a candidate is "unopposed" if:
1318 (A) no individual other than the candidate qualifies for placement on the regular
1319 primary election ballot for the candidate's registered political party for a particular elective
1320 office; or
1321 (B) for an office where more than one individual is to be elected or nominated, the
1322 number of candidates who qualify for the regular primary election ballot for the candidate's
1323 registered political party does not exceed the total number of candidates to be elected or
1324 nominated for that office.
1325 (ii) A candidate who is unopposed for an elective office in the regular primary election
1326 of a registered political party is nominated by the party for that office without appearing on the
1327 primary election ballot.
1328 (3) (a) When a tie vote occurs in any primary election for any national, state, or other
1329 office that represents more than one county, the governor, lieutenant governor, and attorney
1330 general shall, at a public meeting called by the governor and in the presence of the candidates
1331 involved, select the nominee by lot cast in whatever manner the governor determines.
1332 (b) When a tie vote occurs in any primary election for any county office, the district
1333 court judges of the district in which the county is located shall, at a public meeting called by
1334 the judges and in the presence of the candidates involved, select the nominee by lot cast in
1335 whatever manner the judges determine.
1336 (4) The expense of providing all ballots, blanks, or other supplies to be used at any
1337 primary election provided for by this section, and all expenses necessarily incurred in the
1338 preparation for or the conduct of that primary election shall be paid out of the treasury of the
1339 county or state, in the same manner as for the regular general elections.
1340 (5) An individual may not file a declaration of candidacy for a registered political party
1341 of which the individual is not a member, except to the extent that the registered political party
1342 permits otherwise under the registered political party's bylaws.
1343 Section 19. Section 20A-9-405 is amended to read:
1344 20A-9-405. Nomination petitions for regular primary elections.
1345 (1) This section [
1346 petitions for regular primary [
1347 a class B or C registered political party.
1348 (2) A candidate for elective office, and the agents of the candidate, may not circulate
1349 nomination petitions until the candidate [
1350 accordance with Subsection 20A-9-202[
1351 (3) The nomination petitions shall be in substantially the following form:
1352 (a) the petition shall be printed on paper 8-1/2 inches long and 11 inches wide;
1353 (b) the petition shall be ruled with a horizontal line 3/4 inch from the top, with the
1354 space above that line blank for purposes of binding;
1355 (c) the petition shall be headed by a caption stating the purpose of the petition and the
1356 name of the proposed candidate;
1357 (d) the petition shall feature the word "Warning" followed by the following statement
1358 in no less than eight-point, single leaded type: "It is a class A misdemeanor for anyone to
1359 knowingly sign a certificate of nomination signature sheet with any name other than the
1360 person's own name or more than once for the same candidate or if the person is not registered
1361 to vote in this state and does not intend to become registered to vote in this state before
1362 signatures are certified by a filing officer.";
1363 (e) the petition shall feature 10 lines spaced one-half inch apart and consecutively
1364 numbered one through 10;
1365 (f) the signature portion of the petition shall be divided into columns headed by the
1366 following titles:
1367 (i) Registered Voter's Printed Name;
1368 (ii) Signature of Registered Voter;
1369 (iii) Party Affiliation of Registered Voter;
1370 (iv) Birth Date or Age (Optional);
1371 (v) Street Address, City, Zip Code; and
1372 (vi) Date of Signature; and
1373 (g) a photograph of the candidate may appear on the nomination petition.
1374 (4) If one or more nomination petitions are bound together, a page shall be bound to
1375 the nomination petition(s) that features the following printed verification statement to be signed
1376 and dated by the petition circulator:
1377 "Verification
1378 State of Utah, County of ____
1379 I, ____, of ____, hereby state that:
1380 I am a Utah resident and am at least 18 years old;
1381 All the names that appear on the signature sheets bound to this page were, to the best of
1382 my knowledge, signed by the persons who professed to be the persons whose names appear on
1383 the signature sheets, and each of them signed the person's name on the signature sheets in my
1384 presence;
1385 I believe that each has printed and signed the person's name and written the person's
1386 street address correctly, and that each signer is registered to vote in Utah or will register to vote
1387 in Utah before the county clerk certifies the signatures on the signature sheet."
1388 (5) The lieutenant governor shall prepare and make public model nomination petition
1389 forms and associated instructions.
1390 (6) A nomination petition circulator must be at least18 years old and a resident of the
1391 state, but may affiliate with any political party.
1392 (7) It is unlawful for [
1393 (a) knowingly sign the nomination petition sheet described in Subsection (3):
1394 (i) with any name other than the person's own name;
1395 (ii) more than once for the same candidate; or
1396 (iii) if the person is not registered to vote in this state and does not intend to become
1397 registered to vote in this state prior to 5 p.m. on the final day in March;
1398 (b) sign the verification of a certificate of nomination signature sheet described in
1399 Subsection (4) if the person:
1400 (i) does not meet the residency requirements of Section 20A-2-105;
1401 (ii) has not witnessed the signing by those persons whose names appear on the
1402 certificate of nomination signature sheet; or
1403 (iii) knows that a person whose signature appears on the certificate of nomination
1404 signature sheet is not registered to vote in this state and does not intend to become registered to
1405 vote in this state;
1406 (c) pay compensation to any person to sign a nomination petition; or
1407 (d) pay compensation to any person to circulate a nomination petition, if the
1408 compensation is based directly on the number of signatures submitted to a filing officer rather
1409 than on the number of signatures verified or on some other basis.
1410 (8) Any person violating Subsection (7) is guilty of a class A misdemeanor.
1411 [
1412 (9) An individual who signs a petition described in this section may not withdraw the
1413 individual's signature from the petition.
1414 Section 20. Section 20A-9-406 is amended to read:
1415 20A-9-406. Class B registered political party.
1416 The following provisions apply to a [
1417 [
1418
1419
1420
1421 [
1422
1423
1424 [
1425 political party by using a method described in Section 20A-9-407, Section 20A-9-408, or both;
1426 (2) by timely certifying as a class B registered political party under Section 20A-9-102,
1427 the political party voluntarily agrees:
1428 (a) (i) to permit a delegate for the registered political party to vote on a candidate
1429 nomination in the registered political party's convention remotely; or
1430 (ii) to provide a procedure for designating an alternate delegate if a delegate is not
1431 present at the registered political party's convention;
1432 (b) to hold the registered political party's convention no earlier than the fourth Saturday
1433 in March of an even-numbered year; and
1434 (c) to permit a member of the registered political party to seek the registered political
1435 party's nomination for any elective office by the member choosing to seek the nomination by
1436 either or both of the following methods:
1437 (i) seeking the nomination through the registered political party's convention process,
1438 in accordance with the provisions of Section 20A-9-407; or
1439 (ii) seeking the nomination by collecting signatures, in accordance with the provisions
1440 of Section 20A-9-408;
1441 [
1442 Sections 20A-9-407, 20A-9-408, and 20A-9-409; and
1443 [
1444
1445
1446 [
1447 [
1448
1449
1450 [
1451
1452
1453 [
1454
1455
1456 [
1457
1458
1459 [
1460
1461
1462
1463 [
1464
1465 [
1466
1467
1468
1469 [
1470
1471 [
1472
1473 [
1474
1475
1476 [
1477 unopposed for an elective office in the regular primary election of the [
1478 political party is nominated by the registered political party for that office without appearing on
1479 the primary ballot[
1480 [
1481
1482
1483 Section 21. Section 20A-9-407 is amended to read:
1484 20A-9-407. Convention process to seek the nomination of a class B registered
1485 political party.
1486 (1) This section describes the requirements for a member of a [
1487 registered political party who is seeking the nomination of [
1488 party for an elective office through the [
1489 process.
1490 (2) Notwithstanding Subsection 20A-9-201(7)(a), the form of the declaration of
1491 candidacy for a member of a [
1492 or who is seeking the nomination of, the [
1493 shall be substantially as described in Section 20A-9-408.5.
1494 [
1495
1496
1497
1498 [
1499
1500
1501 [
1502 [
1503
1504
1505
1506 [
1507
1508
1509 [
1510 [
1511
1512
1513
1514
1515
1516 [
1517 under this section shall certify the name of the candidate to the lieutenant governor before the
1518 deadline described in Subsection 20A-9-202[
1519 (b) The lieutenant governor shall include, in the primary ballot certification or, for a
1520 race where a primary is not held because the candidate is unopposed, in the general election
1521 ballot certification, the name of each candidate nominated by a [
1522 political party under this section.
1523 [
1524
1525
1526 Section 22. Section 20A-9-408 is amended to read:
1527 20A-9-408. Signature-gathering process to seek the nomination of a class B
1528 registered political party.
1529 (1) This section describes the requirements for a member of a [
1530 registered political party who is seeking the nomination of the [
1531 party for an elective office through the signature-gathering process described in this section.
1532 (2) Notwithstanding Subsection 20A-9-201(7)(a), the form of the declaration of
1533 candidacy for a member of a [
1534 or who is seeking the nomination of, the [
1535 shall be substantially as described in Section 20A-9-408.5.
1536 (3) [
1537 Subsection 20A-9-202[
1538 under this section, is seeking the nomination of the [
1539 elective office that is to be filled at the next general election shall[
1540 beginning on January 1 before the next regular general election and ending at 5 p.m. on the
1541 third Thursday in March of the same year, and before gathering signatures under this section,
1542 file with the filing officer on a form approved by the lieutenant governor a notice of intent to
1543 gather signatures for candidacy that includes:
1544 [
1545 registered political party under this section;
1546 [
1547 nomination;
1548 [
1549 [
1550 [
1551 [
1552
1553
1554 [
1555 (4) [
1556 B registered political party who, under this section, is seeking the nomination of the [
1557 registered political party for the office of district attorney within a multicounty prosecution
1558 district that is to be filled at the next general election shall[
1559 next regular general election, and before gathering signatures under this section, file with the
1560 filing officer on a form approved by the lieutenant governor a notice of intent to gather
1561 signatures for candidacy that includes:
1562 [
1563 registered political party under this section;
1564 [
1565 nomination;
1566 [
1567 [
1568 [
1569 [
1570
1571
1572 [
1573 (5) [
1574 candidate who files as the joint-ticket running mate of an individual who is nominated by a
1575 [
1576 before the deadline described in Subsection 20A-9-202[
1577 candidacy and submit a letter from the candidate for governor that names the lieutenant
1578 governor candidate as a joint-ticket running mate.
1579 [
1580
1581
1582 [
1583
1584
1585 [
1586 nomination of the [
1587 (a) complying with the requirements described in this section; and
1588 (b) collecting signatures, on a form approved by the lieutenant governor, during the
1589 period beginning on January 1 of an even-numbered year and ending at 5 p.m. 14 days before
1590 the day on which the [
1591 the following amounts:
1592 (i) for a statewide race, 28,000 signatures of registered voters in the state who are
1593 permitted by the [
1594 political party's candidates in a primary election;
1595 (ii) for a congressional district race, 7,000 signatures of registered voters who are
1596 residents of the congressional district and are permitted by the [
1597 party to vote for the [
1598 (iii) for a state Senate district race, 2,000 signatures of registered voters who are
1599 residents of the state Senate district and are permitted by the [
1600 party to vote for the [
1601 (iv) for a state House district race, 1,000 signatures of registered voters who are
1602 residents of the state House district and are permitted by the [
1603 party to vote for the [
1604 (v) for a State Board of Education race, the lesser of:
1605 (A) 2,000 signatures of registered voters who are residents of the State Board of
1606 Education district and are permitted by the [
1607 [
1608 (B) 3% of the registered voters of the [
1609 residents of the applicable State Board of Education district; and
1610 (vi) for a county office race, signatures of 3% of the registered voters who are residents
1611 of the area permitted to vote for the county office and are permitted by the [
1612 registered political party to vote for the [
1613 primary election.
1614 [
1615 qualify as a candidate for the [
1616 office under this section, the member shall:
1617 (i) collect the signatures on a form approved by the lieutenant governor, using the same
1618 circulation and verification requirements described in Sections 20A-7-204 and 20A-7-205; and
1619 (ii) submit the signatures to the election officer before 5 p.m. no later than 14 days
1620 before the day on which the [
1621 party's convention to select candidates, for the elective office, for the [
1622 political party's nomination.
1623 (b) An individual may not gather signatures under this section until after the individual
1624 files a notice of intent to gather signatures for candidacy described in this section.
1625 (c) An individual who files a notice of intent to gather signatures for candidacy,
1626 described in Subsection (3)[
1627 files the notice of intent to gather signatures for candidacy:
1628 (i) required to comply with the reporting requirements that a candidate for office is
1629 required to comply with; and
1630 (ii) subject to the same enforcement provisions, and civil and criminal penalties, that
1631 apply to a candidate for office in relation to the reporting requirements described in Subsection
1632 [
1633 (d) Upon timely receipt of the signatures described in Subsections [
1634 (7)(a), the election officer shall, no later than the earlier of 14 days after the day on which the
1635 election officer receives the signatures, or one day before the day on which the [
1636 B registered political party holds the convention to select a nominee for the elective office to
1637 which the signature packets relate:
1638 (i) check the name of each individual who completes the verification for a signature
1639 packet to determine whether each individual is a resident of Utah and is at least 18 years old;
1640 (ii) submit the name of each individual described in Subsection [
1641 not a Utah resident or who is not at least 18 years old to the attorney general and the county
1642 attorney;
1643 (iii) determine whether each signer is a registered voter who is qualified to sign the
1644 petition, using the same method, described in Section 20A-7-206.3, used to verify a signature
1645 on a petition; and
1646 (iv) certify whether each name is that of a registered voter who is qualified to sign the
1647 signature packet.
1648 (e) Upon timely receipt of the signatures described in Subsections [
1649 (7)(a), the election officer shall, no later than one day before the day on which the [
1650 class B registered political party holds the convention to select a nominee for the elective office
1651 to which the signature packets relate, notify the [
1652 lieutenant governor of the name of each member of the [
1653 who qualifies as a nominee of the [
1654 the elective office to which the convention relates.
1655 (f) Upon receipt of a notice of intent to gather signatures for candidacy described in
1656 this section, the lieutenant governor shall post the notice of intent to gather signatures for
1657 candidacy on the lieutenant governor's website in the same location that the lieutenant governor
1658 posts a declaration of candidacy.
1659 Section 23. Section 20A-9-408.5 is amended to read:
1660 20A-9-408.5. Declaration of candidacy form for class B registered political party.
1661 [
1662 [
1663 (1) be substantially as follows:
1664 "State of Utah, County of ____
1665 I, ______________, declare my intention of becoming a candidate for the office of
1666 ____ as a candidate for the ____ party. I do solemnly swear that: I will meet the qualifications
1667 to hold the office, both legally and constitutionally, if selected; I reside at _____________ in
1668 the City or Town of ____, Utah, Zip Code ____, Phone No. ____; I will not knowingly violate
1669 any law governing campaigns and elections; I will file all campaign financial disclosure reports
1670 as required by law; and I understand that failure to do so will result in my disqualification as a
1671 candidate for this office and removal of my name from the ballot. The mailing address that I
1672 designate for receiving official election notices is
1673 ___________________________________________________________________________
1674 ___________________________________________________________________________.
1675 Subscribed and sworn before me this __________(month\day\year). Notary Public (or
1676 other officer qualified to administer oath).";
1677 (2) direct the candidate to state, in the sworn statement described in Subsection (1):
1678 (a) the registered political party of which the candidate is a member; or
1679 (b) that the candidate is not a member of a registered political party; and
1680 (3) direct the candidate to indicate whether the candidate is seeking the nomination
1681 using:
1682 (a) the convention process described in Section 20A-9-407;
1683 (b) the signature-gathering process described in Section 20A-9-408; or
1684 (c) both processes described in Subsections (3)(a) and (b).
1685 Section 24. Section 20A-9-409 is amended to read:
1686 20A-9-409. Primary election provisions relating to class B registered political
1687 party.
1688 (1) The regular primary election is held on the date specified in Section 20A-1-201.5.
1689 (2) (a) A [
1690 candidates for an elective office under Section 20A-9-407 and does not have a candidate
1691 qualify as a candidate for that office under Section 20A-9-408, may, but is not required to,
1692 participate in the primary election for that office.
1693 (b) A [
1694 a candidate for an elective office under Section 20A-9-408 and does not nominate a candidate
1695 for that office under Section 20A-9-407, may, but is not required to, participate in the primary
1696 election for that office.
1697 (c) A [
1698 candidates for an elective office under Section 20A-9-407 and has one or more candidates
1699 qualify as a candidate for that office under Section 20A-9-408 shall participate in the primary
1700 election for that office.
1701 (d) A [
1702 qualify as candidates for an elective office under Section 20A-9-408 and does not nominate a
1703 candidate for that office under Section 20A-9-407 shall participate in the primary election for
1704 that office.
1705 (3) Notwithstanding Subsection (2), in an opt-in county, as defined in Section
1706 17-52a-201 or 17-52a-202, a [
1707 primary election for a county commission office if:
1708 (a) there is more than one:
1709 (i) open position as defined in Section 17-52a-201; or
1710 (ii) midterm vacancy as defined in Section 17-52a-201; and
1711 (b) the number of candidates nominated under Section 20A-9-407 or qualified under
1712 Section 20A-9-408 for the respective open positions or midterm vacancies exceeds the number
1713 of respective open positions or midterm vacancies.
1714 (4) (a) As used in this Subsection (4), a candidate is "unopposed" if:
1715 (i) no individual other than the candidate receives a certification, from the appropriate
1716 filing officer, for the regular primary election ballot of the candidate's registered political party
1717 for a particular elective office; or
1718 (ii) for an office where more than one individual is to be elected or nominated, the
1719 number of candidates who receive certification, from the appropriate filing officer, for the
1720 regular primary election of the candidate's registered political party does not exceed the total
1721 number of candidates to be elected or nominated for that office.
1722 (b) Before the deadline described in Subsection (4)(c), the lieutenant governor shall:
1723 (i) provide to the county clerks:
1724 (A) a list of the names of all candidates for federal, constitutional, multi-county, single
1725 county, and county offices who have received certifications from the appropriate filing officer,
1726 along with instructions on how those names shall appear on the primary election ballot in
1727 accordance with Section 20A-6-305; and
1728 (B) a list of unopposed candidates for elective office who have been nominated by a
1729 registered political party; and
1730 (ii) instruct the county clerks to exclude unopposed candidates from the primary
1731 election ballot.
1732 (c) The deadline described in Subsection (4)(b) is:
1733 (i) in a year other than 2020, 5 p.m. on the first Wednesday after the third Saturday in
1734 April; or
1735 (ii) in 2020, 5 p.m. April 29.
1736 Section 25. Section 20A-9-409.5 is enacted to read:
1737 20A-9-409.5. Class A registered political party -- Requirements -- Duties of
1738 lieutenant governor.
1739 The following provisions apply to a class A registered political party:
1740 (1) an individual may only seek the nomination of the registered political party using
1741 the registered political party's convention process;
1742 (2) by timely certifying as a class A registered political party under Section 20A-9-102,
1743 the registered political party voluntarily agrees:
1744 (a) to permit a member of the registered political party to seek the registered political
1745 party's nomination for any elective office via party convention only; and
1746 (b) that the two candidates who receive the highest number of votes for each office at
1747 convention will compete for the nomination in a primary election unless one candidate receives
1748 at least two-thirds of the votes cast at convention for that office;
1749 (3) the registered political party shall, before the deadline described in Subsection
1750 20A-9-202(3), certify to the lieutenant governor:
1751 (a) the two candidates who receive the highest number of votes for each office at
1752 convention to compete for the nomination in a primary election; or
1753 (b) if one candidate receives at least two-thirds of the votes cast at convention for that
1754 office, the name of that candidate as the nominee of the registered political party for that office;
1755 and
1756 (4) the lieutenant governor shall include:
1757 (a) on the regular primary election ballot for the registered political party, for the
1758 office, the two candidates described in Subsection (3)(a); or
1759 (b) if one candidate receives at least two-thirds of the votes cast at convention for the
1760 office, that candidate as the registered political party's nominee on the regular general election
1761 ballot for that office.
1762 Section 26. Section 20A-9-504 is amended to read:
1763 20A-9-504. Unaffiliated candidates -- Governor and president of the United
1764 States.
1765 (1) (a) Each unaffiliated candidate for governor shall, before 5 p.m. no later than July 1
1766 of the regular general election year, select a running mate to file as an unaffiliated candidate for
1767 the office of lieutenant governor.
1768 (b) The unaffiliated lieutenant governor candidate shall, before 5 p.m. no later than
1769 July 1 of the regular general election year, file as an unaffiliated candidate by following the
1770 procedures and requirements of this part.
1771 (2) (a) Each unaffiliated candidate for president of the United States shall, before 5
1772 p.m. no later than August 15 of a regular general election year, select a running mate to file as
1773 an unaffiliated candidate for the office of vice president of the United States.
1774 (b) Before 5 p.m. no later than August 15 of a regular general election year, the
1775 unaffiliated candidate for vice president of the United States described in Subsection (2)(a)
1776 shall comply with the requirements of Subsection 20A-9-202[
1777 Section 27. Section 20A-9-601 is amended to read:
1778 20A-9-601. Qualifying as a write-in candidate.
1779 (1) (a) Except as provided in Subsection (1)(b), an individual who wishes to become a
1780 valid write-in candidate shall file a declaration of candidacy in person, or through a designated
1781 agent for a candidate for president or vice president of the United States, with the appropriate
1782 filing officer before 5 p.m. no later than 65 days before the regular general election or a
1783 municipal general election in which the individual intends to be a write-in candidate.
1784 (b) (i) The provisions of this Subsection (1)(b) do not apply to an individual who files a
1785 declaration of candidacy for president of the United States.
1786 (ii) Subject to Subsection (2)(d), an individual may designate an agent to file a
1787 declaration of candidacy with the appropriate filing officer if:
1788 (A) the individual is located outside of the state during the entire filing period;
1789 (B) the designated agent appears in person before the filing officer; and
1790 (C) the individual communicates with the filing officer using an electronic device that
1791 allows the individual and filing officer to see and hear each other.
1792 (2) (a) The form of the declaration of candidacy for a write-in candidate for all offices,
1793 except president or vice president of the United States, is substantially as follows:
1794 "State of Utah, County of ____
1795 I, ______________, declare my intention of becoming a candidate for the office of
1796 ____ for the ____ district (if applicable). I do solemnly swear that: I will meet the
1797 qualifications to hold the office, both legally and constitutionally, if selected; I reside at
1798 _____________ in the City or Town of ____, Utah, Zip Code ____, Phone No. ____; I will
1799 not knowingly violate any law governing campaigns and elections; if filing via a designated
1800 agent, I will be out of the state of Utah during the entire candidate filing period; I will file all
1801 campaign financial disclosure reports as required by law; and I understand that failure to do so
1802 will result in my disqualification as a candidate for this office and rejection of any votes cast
1803 for me. The mailing address that I designate for receiving official election notices is
1804 ___________________________.
1805 ____________________________________________________________________
1806 Subscribed and sworn before me this __________(month\day\year).
1807 Notary Public (or other officer qualified to administer oath)."
1808 (b) The form of the declaration of candidacy for a write-in candidate for president of
1809 the United States is substantially as follows:
1810 "State of Utah, County of ____
1811 I, ______________, declare my intention of becoming a candidate for the office of the
1812 president of the United States. I do solemnly swear that: I will meet the qualifications to hold
1813 the office, both legally and constitutionally, if selected; I reside at _____________ in the City
1814 or Town of ____, State ____, Zip Code ____, Phone No. ____; I will not knowingly violate
1815 any law governing campaigns and elections. The mailing address that I designate for receiving
1816 official election notices is ___________________________. I designate _______________ as
1817 my vice presidential candidate.
1818 ____________________________________________________________________
1819 Subscribed and sworn before me this __________(month\day\year).
1820 Notary Public (or other officer qualified to administer oath.)"
1821 (c) A declaration of candidacy for a write-in candidate for vice president of the United
1822 States shall be in substantially the same form as a declaration of candidacy described in
1823 Subsection 20A-9-202[
1824 (d) An agent described in Subsection (1)(a) or (b) may not sign the form described in
1825 Subsection (2)(a) or (b).
1826 (3) (a) The filing officer shall:
1827 (i) read to the candidate the constitutional and statutory requirements for the office;
1828 (ii) ask the candidate whether the candidate meets the requirements; and
1829 (iii) if the declaration of candidacy is for a legislative office, inform the individual that
1830 Utah Constitution, Article VI, Section 6, prohibits a person who holds a public office of profit
1831 or trust, under authority of the United States or Utah, from being a member of the Legislature.
1832 (b) If the candidate cannot meet the requirements of office, the filing officer may not
1833 accept the write-in candidate's declaration of candidacy.
1834 (4) (a) Except as provided in Subsection (4)(b), a write-in candidate is subject to
1835 Subsection 20A-9-201(8).
1836 (b) A write-in candidate for president of the United States is subject to Subsection
1837 20A-9-201(8)(d) or 20A-9-803(1)(d), as applicable.
1838 (5) By November 1 of each regular general election year, the lieutenant governor shall
1839 certify to each county clerk the names of all write-in candidates who filed their declaration of
1840 candidacy with the lieutenant governor.
1841 Section 28. Section 20A-9-701 is amended to read:
1842 20A-9-701. Certification of party candidates to county clerks -- Display on ballot.
1843 (1) No later than August 31 of each regular general election year, the lieutenant
1844 governor shall certify to each county clerk, for offices to be voted upon at the regular general
1845 election in that county clerk's county:
1846 (a) the names of each candidate nominated [
1847
1848 (b) the names of the candidates for president and vice president that are certified by the
1849 registered political party as the party's nominees.
1850 (2) The names shall be certified by the lieutenant governor and shall be displayed on
1851 the ballot as they are provided on the candidate's declaration of candidacy.
1852 (3) (a) Only candidates nominated by a class A, B, or C registered political party, in
1853 accordance with the requirements for the class of the registered political party, may appear on
1854 the ballot as affiliated with, endorsed by, or nominated by a political party or other political
1855 group.
1856 (b) No [
1857 (3)(a), may appear on the ballot as affiliated with, endorsed by, or nominated by [
1858
1859 Section 29. Section 63I-2-220 is amended to read:
1860 63I-2-220. Repeal dates -- Title 20A.
1861 (1) On January 1, 2021:
1862 (a) Subsection 20A-1-201.5(1), the language that states "Except as provided in
1863 Subsection (4)," is repealed.
1864 (b) Subsection 20A-1-201.5(4) is repealed.
1865 (c) Subsections 20A-1-204(1)(a)(i) through (iii) are repealed and replaced with the
1866 following:
1867 "(i) the fourth Tuesday in June; or
1868 (ii) the first Tuesday after the first Monday in November.".
1869 [
1870
1871
1872 [
1873 [
1874
1875
1876
1877 [
1878 "(c) The deadline described in Subsection (4)(b) is 5 p.m. on the first Wednesday after
1879 the third Saturday in April.".
1880 (2) Subsection 20A-5-803(8) is repealed July 1, 2023.
1881 (3) Section 20A-5-804 is repealed July 1, 2023.
1882 (4) On January 1, 2026:
1883 (a) In Subsection 20A-1-102(22)(a), the language that states "or Title 20A, Chapter 4,
1884 Part 6, Municipal Alternate Voting Methods Pilot Project" is repealed.
1885 (b) In Subsections 20A-1-303(1)(a) and (b), the language that states "Except as
1886 provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is
1887 repealed.
1888 (c) In Section 20A-1-304, the language that states "Except for a race conducted by
1889 instant runoff voting under Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods
1890 Pilot Project," is repealed.
1891 (d) In Subsection 20A-3-105(1)(a), the language that states "Except as provided in
1892 Subsection (5)," is repealed.
1893 (e) In Subsections 20A-3-105(1)(b), (3)(b), and (4)(b), the language that states "Except
1894 as provided in Subsections (5) and (6)," is repealed.
1895 (f) In Subsections 20A-3-105(2)(a)(i), (3)(a), and (4)(a), the language that states
1896 "Subject to Subsection (5)," is repealed.
1897 (g) Subsection 20A-3-105(5) is repealed and the remaining subsections in Section
1898 20A-3-105 are renumbered accordingly.
1899 (h) In Subsection 20A-4-101(2)(c), the language that states "Except as provided in
1900 Subsection (2)(f)," is repealed.
1901 (i) Subsection 20A-4-101(2)(f) is repealed.
1902 (j) Subsection 20A-4-101(3) is repealed and replaced with the following:
1903 "(3) To resolve questions that arise during the counting of ballots, a counting judge
1904 shall apply the standards and requirements of Section 20A-4-105.".
1905 (k) In Subsection 20A-4-102(1)(a), the language that states "or a rule made under
1906 Subsection 20A-4-101(2)(f)(i)" is repealed.
1907 (l) Subsection 20A-4-102(1)(b) is repealed and replaced with the following:
1908 "(b) To resolve questions that arise during the counting of ballots, a counting judge
1909 shall apply the standards and requirements of Section 20A-4-105.".
1910 (m) In Subsection 20A-4-102(6)(a), the language that states ", except as provided in
1911 Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, or a rule made
1912 under Subsection 20A-4-101(2)(f)(i)" is repealed.
1913 (n) In Subsection 20A-4-105(1)(a), the language that states ", except as otherwise
1914 provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is
1915 repealed.
1916 (o) In Subsection 20A-4-105(2), the language that states "Subsection 20A-3-105(5), or
1917 Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is repealed.
1918 (p) In Subsections 20A-4-105(3), (5), and (12), the language that states "Except as
1919 otherwise provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot
1920 Project," is repealed.
1921 (q) In Subsection 20A-4-106(1)(a)(ii), the language that states "or Title 20A, Chapter
1922 4, Part 6, Municipal Alternate Voting Methods Pilot Project" is repealed.
1923 (r) In Subsection 20A-4-304(1)(a), the language that states "except as provided in Title
1924 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is repealed.
1925 (s) Subsection 20A-4-304(2)(e) is repealed and replaced with the following:
1926 "(v) from each voting precinct:
1927 (A) the number of votes for each candidate; and
1928 (B) the number of votes for and against each ballot proposition;".
1929 (t) Subsection 20A-4-401(1)(a) is repealed, the remaining subsections in Subsection (1)
1930 are renumbered accordingly, and the cross-references to those subsections are renumbered
1931 accordingly.
1932 (u) Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, is
1933 repealed.
1934 (v) Subsections 20A-5-400.1(1)(c) and (d), relating to contracting with a local political
1935 subdivision to conduct an election, is repealed.
1936 (w) Subsection 20A-5-404(3)(b) is repealed and the remaining subsections in
1937 Subsection (3) are renumbered accordingly.
1938 (x) Subsection 20A-5-404(4)(b) is repealed and the remaining subsections in
1939 Subsection (4) are renumbered accordingly.
1940 (y) In Section 20A-5-802, relating to the certification of voting equipment:
1941 (i) delete "Except as provided in Subsection (2)(b)(ii):" from the beginning of
1942 Subsection (2); and
1943 (ii) Subsection (2)(b)(ii) is repealed, and the remaining subsections are renumbered
1944 accordingly.
1945 (z) Section 20A-6-203.5 is repealed.
1946 (aa) In Subsections 20A-6-402(1), (2), (3), and (4), the language that states "Except as
1947 otherwise required for a race conducted by instant runoff voting under Title 20A, Chapter 4,
1948 Part 6, Municipal Alternate Voting Methods Pilot Project," is repealed.
1949 (bb) In Subsection 20A-9-203(3)(a)(i), the language that states "or Title 20A, Chapter
1950 4, Part 6, Municipal Alternate Voting Methods Pilot Project" is repealed.
1951 (cc) In Subsection 20A-9-203(3)(c)(i), the language that states "except as provided in
1952 Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is repealed.
1953 (dd) In Subsection 20A-9-404(1)(a), the language that states "or Title 20A, Chapter 4,
1954 Part 6, Municipal Alternate Voting Methods Pilot Project" is repealed.
1955 (ee) In Subsection 20A-9-404(2), the language that states "Except as otherwise
1956 provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is
1957 repealed.
1958 (5) Section 20A-7-407 is repealed January 1, 2021.