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