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7 LONG TITLE
8 General Description:
9 This bill amends scheduling provisions of the Election Code.
10 Highlighted Provisions:
11 This bill:
12 ▸ modifies the deadline for filing a declaration of candidacy and conforms
13 signature-gathering deadlines and the candidate certification deadline to that
14 modification;
15 ▸ clarifies provisions relating to the schedule for redistricting local school board
16 districts; and
17 ▸ makes technical and conforming changes.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 This bill provides a special effective date.
22 Utah Code Sections Affected:
23 AMENDS:
24 20A-9-202, as last amended by Laws of Utah 2021, Chapter 183
25 20A-9-407, as last amended by Laws of Utah 2019, First Special Session, Chapter 4
26 20A-9-408, as last amended by Laws of Utah 2019, First Special Session, Chapter 4
27 20A-9-409, as last amended by Laws of Utah 2019, First Special Session, Chapter 4
28 20A-14-201, as last amended by Laws of Utah 2021, Chapters 162 and 345
29 63I-2-220, as last amended by Laws of Utah 2021, Chapter 101
30
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 20A-9-202 is amended to read:
33 20A-9-202. Declarations of candidacy for regular general elections.
34 (1) (a) An individual seeking to become a candidate for an elective office that is to be
35 filled at the next regular general election shall:
36 (i) except as provided in Subsection (1)(c), file a declaration of candidacy in person
37 with the filing officer on or after January 1 of the regular general election year, and, if
38 applicable, before the individual circulates nomination petitions under Section 20A-9-405; and
39 (ii) pay the filing fee.
40 (b) Unless expressly provided otherwise in this title, for a registered political party that
41 is not a qualified political party, the deadline for filing a declaration of candidacy for an
42 elective office that is to be filled at the next regular general election is 5 p.m. on the first
43 Monday after the [
44 (c) Subject to Subsection 20A-9-201(7)(b), an individual may designate an agent to file
45 a declaration of candidacy with the filing officer if:
46 (i) the individual is located outside of the state during the entire filing period;
47 (ii) the designated agent appears in person before the filing officer;
48 (iii) the individual communicates with the filing officer using an electronic device that
49 allows the individual and filing officer to see and hear each other; and
50 (iv) the individual provides the filing officer with an email address to which the filing
51 officer may send the individual the copies described in Subsection 20A-9-201(5).
52 (d) Each county clerk who receives a declaration of candidacy from a candidate for
53 multicounty office shall transmit the filing fee and a copy of the candidate's declaration of
54 candidacy to the lieutenant governor within one business day after the candidate files the
55 declaration of candidacy.
56 (e) Each day during the filing period, each county clerk shall notify the lieutenant
57 governor electronically or by telephone of candidates who have filed a declaration of candidacy
58 with the county clerk.
59 (f) Each individual seeking the office of lieutenant governor, the office of district
60 attorney, or the office of president or vice president of the United States shall comply with the
61 specific declaration of candidacy requirements established by this section.
62 (2) (a) Each individual intending to become a candidate for the office of district
63 attorney within a multicounty prosecution district that is to be filled at the next regular general
64 election shall:
65 (i) file a declaration of candidacy with the clerk designated in the interlocal agreement
66 creating the prosecution district on or after January 1 of the regular general election year, and
67 before the individual circulates nomination petitions under Section 20A-9-405; and
68 (ii) pay the filing fee.
69 (b) The designated clerk shall provide to the county clerk of each county in the
70 prosecution district a certified copy of each declaration of candidacy filed for the office of
71 district attorney.
72 (3) (a) Before the deadline described in Subsection (1)(b), each lieutenant governor
73 candidate shall:
74 (i) file a declaration of candidacy with the lieutenant governor;
75 (ii) pay the filing fee; and
76 (iii) submit a letter from a candidate for governor who has received certification for the
77 primary-election ballot under Section 20A-9-403 that names the lieutenant governor candidate
78 as a joint-ticket running mate.
79 (b) (i) A candidate for lieutenant governor who fails to timely file is disqualified.
80 (ii) If a candidate for lieutenant governor is disqualified, another candidate may file to
81 replace the disqualified candidate.
82 (4) Before 5 p.m. no later than August 31, each registered political party shall:
83 (a) certify the names of the political party's candidates for president and vice president
84 of the United States to the lieutenant governor; or
85 (b) provide written authorization for the lieutenant governor to accept the certification
86 of candidates for president and vice president of the United States from the national office of
87 the registered political party.
88 (5) (a) A declaration of candidacy filed under this section is valid unless a written
89 objection is filed with the clerk or lieutenant governor before 5 p.m. on the last business day
90 that is at least 10 days before the deadline described in Subsection 20A-9-409(4)(c).
91 (b) If an objection is made, the clerk or lieutenant governor shall:
92 (i) mail or personally deliver notice of the objection to the affected candidate
93 immediately; and
94 (ii) decide any objection within 48 hours after it is filed.
95 (c) If the clerk or lieutenant governor sustains the objection, the candidate may cure the
96 problem by amending the declaration or petition before 5 p.m. within three days after the day
97 on which the objection is sustained or by filing a new declaration before 5 p.m. within three
98 days after the day on which the objection is sustained.
99 (d) (i) The clerk's or lieutenant governor's decision upon objections to form is final.
100 (ii) The clerk's or lieutenant governor's decision upon substantive matters is reviewable
101 by a district court if prompt application is made to the court.
102 (iii) The decision of the district court is final unless the Supreme Court, in the exercise
103 of its discretion, agrees to review the lower court decision.
104 (6) Any person who filed a declaration of candidacy may withdraw as a candidate by
105 filing a written affidavit with the clerk.
106 (7) (a) Except for a candidate who is certified by a registered political party under
107 Subsection (4), and except as provided in Section 20A-9-504, before 5 p.m. no later than
108 August 31 of a general election year, each individual running as a candidate for vice president
109 of the United States shall:
110 (i) file a declaration of candidacy, in person or via a designated agent, on a form
111 developed by the lieutenant governor, that:
112 (A) contains the individual's name, address, and telephone number;
113 (B) states that the individual meets the qualifications for the office of vice president of
114 the United States;
115 (C) names the presidential candidate, who has qualified for the general election ballot,
116 with which the individual is running as a joint-ticket running mate;
117 (D) states that the individual agrees to be the running mate of the presidential candidate
118 described in Subsection (7)(a)(i)(C); and
119 (E) contains any other necessary information identified by the lieutenant governor;
120 (ii) pay the filing fee; and
121 (iii) submit a letter from the presidential candidate described in Subsection (7)(a)(i)(C)
122 that names the individual as a joint-ticket running mate as a vice presidential candidate.
123 (b) A designated agent described in Subsection (7)(a)(i) may not sign the declaration of
124 candidacy.
125 (c) A vice presidential candidate who fails to meet the requirements described in this
126 Subsection (7) may not appear on the general election ballot.
127 (8) An individual filing a declaration of candidacy for president or vice president of the
128 United States shall pay a filing fee of $500.
129 Section 2. Section 20A-9-407 is amended to read:
130 20A-9-407. Convention process to seek the nomination of a qualified political
131 party.
132 (1) This section describes the requirements for a member of a qualified political party
133 who is seeking the nomination of a qualified political party for an elective office through the
134 qualified political party's convention process.
135 (2) Notwithstanding Subsection 20A-9-201(7)(a), the form of the declaration of
136 candidacy for a member of a qualified political party who is nominated by, or who is seeking
137 the nomination of, the qualified political party under this section shall be substantially as
138 described in Section 20A-9-408.5.
139 (3) Notwithstanding Subsection 20A-9-202(1)(a), and except as provided in Subsection
140 20A-9-202(4), a member of a qualified political party who, under this section, is seeking the
141 nomination of the qualified political party for an elective office that is to be filled at the next
142 general election, shall:
143 (a) except as provided in Subsection 20A-9-202(1)(c), file a declaration of candidacy in
144 person with the filing officer [
145
146 (i) on or after 48 days after the day on which the Legislature's general session begins,
147 as provided in Section 36-3-201; and
148 (ii) before 5 p.m. 52 days after the day on which the Legislature's general session
149 begins, as provided in Section 36-3-201; and
150 (b) pay the filing fee.
151 (4) Notwithstanding Subsection 20A-9-202(2)(a), a member of a qualified political
152 party who, under this section, is seeking the nomination of the qualified political party for the
153 office of district attorney within a multicounty prosecution district that is to be filled at the next
154 general election shall:
155 (a) file a declaration of candidacy with the county clerk designated in the interlocal
156 agreement creating the prosecution district [
157
158 (i) on or after 48 days after the day on which the Legislature's general session begins,
159 as provided in Section 36-3-201; and
160 (ii) before 5 p.m. 52 days after the day on which the Legislature's general session
161 begins, as provided in Section 36-3-201; and
162 (b) pay the filing fee.
163 (5) Notwithstanding Subsection 20A-9-202(3)(a)(iii), a lieutenant governor candidate
164 who files as the joint-ticket running mate of an individual who is nominated by a qualified
165 political party, under this section, for the office of governor shall, before the deadline described
166 in Subsection 20A-9-202(1)(b), file a declaration of candidacy and submit a letter from the
167 candidate for governor that names the lieutenant governor candidate as a joint-ticket running
168 mate.
169 (6) (a) A qualified political party that nominates a candidate under this section shall
170 certify the name of the candidate to the lieutenant governor before the deadline described in
171 Subsection 20A-9-202(1)(b).
172 (b) The lieutenant governor shall include, in the primary ballot certification or, for a
173 race where a primary is not held because the candidate is unopposed, in the general election
174 ballot certification, the name of each candidate nominated by a qualified political party under
175 this section.
176 (7) Notwithstanding Subsection 20A-9-701(2), the ballot shall, for each candidate who
177 is nominated by a qualified political party under this section, designate the qualified political
178 party that nominated the candidate.
179 Section 3. Section 20A-9-408 is amended to read:
180 20A-9-408. Signature-gathering process to seek the nomination of a qualified
181 political party.
182 (1) This section describes the requirements for a member of a qualified political party
183 who is seeking the nomination of the qualified political party for an elective office through the
184 signature-gathering process described in this section.
185 (2) Notwithstanding Subsection 20A-9-201(7)(a), the form of the declaration of
186 candidacy for a member of a qualified political party who is nominated by, or who is seeking
187 the nomination of, the qualified political party under this section shall be substantially as
188 described in Section 20A-9-408.5.
189 (3) Notwithstanding Subsection 20A-9-202(1)(a), and except as provided in Subsection
190 20A-9-202(4), a member of a qualified political party who, under this section, is seeking the
191 nomination of the qualified political party for an elective office that is to be filled at the next
192 general election shall:
193 (a) within the period beginning on January 1 before the next regular general election
194 and ending at 5 p.m. [
195 which the Legislature's general session begins, as provided in Section 36-3-201, and before
196 gathering signatures under this section, file with the filing officer on a form approved by the
197 lieutenant governor a notice of intent to gather signatures for candidacy that includes:
198 (i) the name of the member who will attempt to become a candidate for a registered
199 political party under this section;
200 (ii) the name of the registered political party for which the member is seeking
201 nomination;
202 (iii) the office for which the member is seeking to become a candidate;
203 (iv) the address and telephone number of the member; and
204 (v) other information required by the lieutenant governor;
205 (b) except as provided in Subsection 20A-9-202(1)(c), file a declaration of candidacy,
206 in person, with the filing officer [
207
208 (i) on or after 48 days after the day on which the Legislature's general session begins,
209 as provided in Section 36-3-201; and
210 (ii) before 5 p.m. 52 days after the day on which the Legislature's general session
211 begins, as provided in Section 36-3-201; and
212 (c) pay the filing fee.
213 (4) Notwithstanding Subsection 20A-9-202(2)(a), a member of a qualified political
214 party who, under this section, is seeking the nomination of the qualified political party for the
215 office of district attorney within a multicounty prosecution district that is to be filled at the next
216 general election shall:
217 (a) on or after January 1 before the next regular general election, and before gathering
218 signatures under this section, file with the filing officer on a form approved by the lieutenant
219 governor a notice of intent to gather signatures for candidacy that includes:
220 (i) the name of the member who will attempt to become a candidate for a registered
221 political party under this section;
222 (ii) the name of the registered political party for which the member is seeking
223 nomination;
224 (iii) the office for which the member is seeking to become a candidate;
225 (iv) the address and telephone number of the member; and
226 (v) other information required by the lieutenant governor;
227 (b) except as provided in Subsection 20A-9-202(1)(c), file a declaration of candidacy,
228 in person, with the filing officer [
229
230 (i) on or after 48 days after the day on which the Legislature's general session begins,
231 as provided in Section 36-3-201; and
232 (ii) before 5 p.m. 52 days after the day on which the Legislature's general session
233 begins, as provided in Section 36-3-201; and
234 (c) pay the filing fee.
235 (5) Notwithstanding Subsection 20A-9-202(3)(a)(iii), a lieutenant governor candidate
236 who files as the joint-ticket running mate of an individual who is nominated by a qualified
237 political party, under this section, for the office of governor shall, before the deadline described
238 in Subsection 20A-9-202(1)(b), file a declaration of candidacy and submit a letter from the
239 candidate for governor that names the lieutenant governor candidate as a joint-ticket running
240 mate.
241 (6) The lieutenant governor shall ensure that the certification described in Subsection
242 20A-9-701(1) also includes the name of each candidate nominated by a qualified political party
243 under this section.
244 (7) Notwithstanding Subsection 20A-9-701(2), the ballot shall, for each candidate who
245 is nominated by a qualified political party under this section, designate the qualified political
246 party that nominated the candidate.
247 (8) A member of a qualified political party may seek the nomination of the qualified
248 political party for an elective office by:
249 (a) complying with the requirements described in this section; and
250 (b) collecting signatures, on a form approved by the lieutenant governor, during the
251 period beginning on January 1 of an even-numbered year and ending at 5 p.m. 14 days before
252 the day on which the qualified political party's convention for the office is held, in the
253 following amounts:
254 (i) for a statewide race, 28,000 signatures of registered voters in the state who are
255 permitted by the qualified political party to vote for the qualified political party's candidates in
256 a primary election;
257 (ii) for a congressional district race, 7,000 signatures of registered voters who are
258 residents of the congressional district and are permitted by the qualified political party to vote
259 for the qualified political party's candidates in a primary election;
260 (iii) for a state Senate district race, 2,000 signatures of registered voters who are
261 residents of the state Senate district and are permitted by the qualified political party to vote for
262 the qualified political party's candidates in a primary election;
263 (iv) for a state House district race, 1,000 signatures of registered voters who are
264 residents of the state House district and are permitted by the qualified political party to vote for
265 the qualified political party's candidates in a primary election;
266 (v) for a State Board of Education race, the lesser of:
267 (A) 2,000 signatures of registered voters who are residents of the State Board of
268 Education district and are permitted by the qualified political party to vote for the qualified
269 political party's candidates in a primary election; or
270 (B) 3% of the registered voters of the qualified political party who are residents of the
271 applicable State Board of Education district; and
272 (vi) for a county office race, signatures of 3% of the registered voters who are residents
273 of the area permitted to vote for the county office and are permitted by the qualified political
274 party to vote for the qualified political party's candidates in a primary election.
275 (9) (a) In order for a member of the qualified political party to qualify as a candidate
276 for the qualified political party's nomination for an elective office under this section, the
277 member shall:
278 (i) collect the signatures on a form approved by the lieutenant governor, using the same
279 circulation and verification requirements described in Sections 20A-7-204 and 20A-7-205; and
280 (ii) submit the signatures to the election officer before 5 p.m. no later than 14 days
281 before the day on which the qualified political party holds the party's convention to select
282 candidates, for the elective office, for the qualified political party's nomination.
283 (b) An individual may not gather signatures under this section until after the individual
284 files a notice of intent to gather signatures for candidacy described in this section.
285 (c) An individual who files a notice of intent to gather signatures for candidacy,
286 described in Subsection (3)(a) or (4)(a), is, beginning on the day on which the individual files
287 the notice of intent to gather signatures for candidacy:
288 (i) required to comply with the reporting requirements that a candidate for office is
289 required to comply with; and
290 (ii) subject to the same enforcement provisions, and civil and criminal penalties, that
291 apply to a candidate for office in relation to the reporting requirements described in Subsection
292 (9)(c)(i).
293 (d) Upon timely receipt of the signatures described in Subsections (8) and (9)(a), the
294 election officer shall, no later than the earlier of 14 days after the day on which the election
295 officer receives the signatures, or one day before the day on which the qualified political party
296 holds the convention to select a nominee for the elective office to which the signature packets
297 relate:
298 (i) check the name of each individual who completes the verification for a signature
299 packet to determine whether each individual is a resident of Utah and is at least 18 years old;
300 (ii) submit the name of each individual described in Subsection (9)(d)(i) who is not a
301 Utah resident or who is not at least 18 years old to the attorney general and the county attorney;
302 (iii) determine whether each signer is a registered voter who is qualified to sign the
303 petition, using the same method, described in Section 20A-7-206.3, used to verify a signature
304 on a petition; and
305 (iv) certify whether each name is that of a registered voter who is qualified to sign the
306 signature packet.
307 (e) Upon timely receipt of the signatures described in Subsections (8) and (9)(a), the
308 election officer shall, no later than one day before the day on which the qualified political party
309 holds the convention to select a nominee for the elective office to which the signature packets
310 relate, notify the qualified political party and the lieutenant governor of the name of each
311 member of the qualified political party who qualifies as a nominee of the qualified political
312 party, under this section, for the elective office to which the convention relates.
313 (f) Upon receipt of a notice of intent to gather signatures for candidacy described in
314 this section, the lieutenant governor shall post the notice of intent to gather signatures for
315 candidacy on the lieutenant governor's website in the same location that the lieutenant governor
316 posts a declaration of candidacy.
317 Section 4. Section 20A-9-409 is amended to read:
318 20A-9-409. Primary election provisions relating to qualified political party.
319 (1) The regular primary election is held on the date specified in Section 20A-1-201.5.
320 (2) (a) A qualified political party that nominates one or more candidates for an elective
321 office under Section 20A-9-407 and does not have a candidate qualify as a candidate for that
322 office under Section 20A-9-408, may, but is not required to, participate in the primary election
323 for that office.
324 (b) A qualified political party that has only one candidate qualify as a candidate for an
325 elective office under Section 20A-9-408 and does not nominate a candidate for that office
326 under Section 20A-9-407, may, but is not required to, participate in the primary election for
327 that office.
328 (c) A qualified political party that nominates one or more candidates for an elective
329 office under Section 20A-9-407 and has one or more candidates qualify as a candidate for that
330 office under Section 20A-9-408 shall participate in the primary election for that office.
331 (d) A qualified political party that has two or more candidates qualify as candidates for
332 an elective office under Section 20A-9-408 and does not nominate a candidate for that office
333 under Section 20A-9-407 shall participate in the primary election for that office.
334 (3) Notwithstanding Subsection (2), in an opt-in county, as defined in Section
335 17-52a-201 or 17-52a-202, a qualified political party shall participate in the primary election
336 for a county commission office if:
337 (a) there is more than one:
338 (i) open position as defined in Section 17-52a-201; or
339 (ii) midterm vacancy as defined in Section 17-52a-201; and
340 (b) the number of candidates nominated under Section 20A-9-407 or qualified under
341 Section 20A-9-408 for the respective open positions or midterm vacancies exceeds the number
342 of respective open positions or midterm vacancies.
343 (4) (a) As used in this Subsection (4), a candidate is "unopposed" if:
344 (i) no individual other than the candidate receives a certification, from the appropriate
345 filing officer, for the regular primary election ballot of the candidate's registered political party
346 for a particular elective office; or
347 (ii) for an office where more than one individual is to be elected or nominated, the
348 number of candidates who receive certification, from the appropriate filing officer, for the
349 regular primary election of the candidate's registered political party does not exceed the total
350 number of candidates to be elected or nominated for that office.
351 (b) Before the deadline described in Subsection (4)(c), the lieutenant governor shall:
352 (i) provide to the county clerks:
353 (A) a list of the names of all candidates for federal, constitutional, multi-county, single
354 county, and county offices who have received certifications from the appropriate filing officer,
355 along with instructions on how those names shall appear on the primary election ballot in
356 accordance with Section 20A-6-305; and
357 (B) a list of unopposed candidates for elective office who have been nominated by a
358 registered political party; and
359 (ii) instruct the county clerks to exclude unopposed candidates from the primary
360 election ballot.
361 (c) The deadline described in Subsection (4)(b) is 5 p.m. on the first Wednesday after
362 the [
363 Section 5. Section 20A-14-201 is amended to read:
364 20A-14-201. Boards of education -- School board districts -- Creation --
365 Redistricting.
366 (1) (a) The county legislative body, for local school districts whose boundaries
367 encompass more than a single municipality, and the municipal legislative body, for local school
368 districts contained completely within a municipality, shall divide the local school district into
369 local school board districts as required under Subsection 20A-14-202(1)(a).
370 (b) The county and municipal legislative bodies shall divide the school district so that
371 the local school board districts are substantially equal in population and are as contiguous and
372 compact as practicable.
373 (2) (a) County and municipal legislative bodies shall [
374 redistrict local school board districts to meet the population, compactness, and contiguity
375 requirements of this section:
376 (i) at least once every 10 years;
377 (ii) if a new school district is created:
378 (A) within 45 days after the canvass of an election at which voters approve the creation
379 of a new school district; and
380 (B) at least 60 days before the candidate filing deadline for a school board election;
381 (iii) whenever school districts are consolidated;
382 (iv) whenever a school district loses more than 20% of the population of the entire
383 school district to another school district;
384 (v) whenever a school district loses more than 50% of the population of a local school
385 board district to another school district;
386 (vi) whenever a school district receives new residents equal to at least 20% of the
387 population of the school district at the time of the last [
388 of a transfer of territory from another school district; and
389 (vii) whenever it is necessary to increase the membership of a board [
390
391 (b) If a school district receives territory containing less than 20% of the population of
392 the transferee district at the time of the last [
393 board may assign the new territory to one or more existing school board districts.
394 (3) (a) [
395 member to complete the term for which the member was elected.
396 (b) (i) After [
397 district shall be determined as provided in this Subsection (3).
398 (ii) If only one board member whose term extends beyond [
399 redistricting lives within a [
400 member shall represent that local school board district.
401 (iii) (A) If two or more members whose terms extend beyond [
402 redistricting live within a [
403 involved shall select one member by lot to represent the local school board district.
404 (B) The other members shall serve at-large for the remainder of their terms.
405 (C) The at-large board members shall serve in addition to the designated number of
406 board members for the board in question for the remainder of their terms.
407 (iv) If there is no board member living within a local school board district whose term
408 extends beyond [
409 provided in this part.
410 (4) (a) If, before an election affected by [
411 municipal legislative body that conducted the [
412 one or more members shall be elected to terms of two years to meet this part's requirements for
413 staggered terms, the legislative body shall determine by lot which of the [
414 redistricted local school board districts will elect members to two-year terms and which will
415 elect members to four-year terms.
416 (b) All subsequent elections are for four-year terms.
417 (5) Within 10 days after any local school board district boundary change, the county or
418 municipal legislative body making the change shall send an accurate map or plat of the
419 boundary change to the Utah Geospatial Resource Center created under Section 63A-16-505.
420 Section 6. Section 63I-2-220 is amended to read:
421 63I-2-220. Repeal dates -- Title 20A.
422 [
423 [
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425 [
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441 (1) Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, is
442 repealed January 1, 2026.
443 (2) Subsection 20A-5-803(8) is repealed July 1, 2023.
444 (3) Section 20A-5-804 is repealed July 1, 2023.
445 [
446
447 [
448 [
449 Section 7. Effective date.
450 If approved by two-thirds of all the members elected to each house, this bill takes effect
451 upon approval by the governor, or the day following the constitutional time limit of Utah
452 Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
453 the date of veto override.