1     
ELECTION SIGNATURE REQUIREMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Christine F. Watkins

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill makes changes to the Election Code related to signature gathering
10     requirements for certain candidates seeking the nomination of a qualified political
11     party.
12     Highlighted Provisions:
13          This bill:
14          ▸     defines terms;
15          ▸     amends the number of signatures required to seek the nomination of a qualified
16     political party for certain state Senate, state House, and State Board of Education
17     districts; and
18          ▸     makes technical and conforming changes.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          20A-9-101, as last amended by Laws of Utah 2022, Chapters 13, 325
26          20A-9-408, as last amended by Laws of Utah 2022, Chapters 13, 325
27     


28     Be it enacted by the Legislature of the state of Utah:
29          Section 1. Section 20A-9-101 is amended to read:
30          20A-9-101. Definitions.
31          As used in this chapter:
32          (1) (a) "Candidates for elective office" means persons who file a declaration of
33     candidacy under Section 20A-9-202 to run in a regular general election for a federal office,
34     constitutional office, multicounty office, or county office.
35          (b) "Candidates for elective office" does not mean candidates for:
36          (i) justice or judge of court of record or not of record;
37          (ii) presidential elector;
38          (iii) any political party offices; and
39          (iv) municipal or local district offices.
40          (2) "Constitutional office" means the state offices of governor, lieutenant governor,
41     attorney general, state auditor, and state treasurer.
42          (3) "Continuing political party" means the same as that term is defined in Section
43     20A-8-101.
44          (4) (a) "County office" means an elective office where the officeholder is selected by
45     voters entirely within one county.
46          (b) "County office" does not mean:
47          (i) the office of justice or judge of any court of record or not of record;
48          (ii) the office of presidential elector;
49          (iii) any political party offices;
50          (iv) any municipal or local district offices; and
51          (v) the office of United States Senator and United States Representative.
52          (5) "Dense district" means a state Senate district, state House district, or State Board of
53     Education district where, according to current United States census data, the number that is
54     equal to the district population living in a county of the first class, plus the district population
55     living in a county of the second class, plus the district population living in a county of the third
56     class, is greater than the number that is equal to the district population living in a county of the
57     fourth class, plus the district population living in a county of the fifth class, plus the district
58     population living in a county of the sixth class.

59          (6) "Dispersed district" means a state Senate district, state House district, or State
60     Board of Education district where, according to current United States census data, the number
61     that is equal to the district population living in a county of the fourth class, plus the district
62     population living in a county of the fifth class, plus the district population living in a county of
63     the sixth class, is greater than the number that is equal to the district population living in a
64     county of the first class, plus the district population living in a county of the second class, plus
65     the district population living in a county of the third class.
66          [(5)] (7) "Electronic candidate qualification process" means:
67          (a) as it relates to a registered political party that is not a qualified political party, the
68     process for gathering signatures electronically to seek the nomination of a registered political
69     party, described in:
70          (i) Section 20A-9-403;
71          (ii) Section 20a-9-405, except Subsections 20A-9-405(3) and (5); and
72          (iii) Section 20A-21-201; and
73          (b) as it relates to a qualified political party, the process, for gathering signatures
74     electronically to seek the nomination of a registered political party, described in:
75          (i) Section 20A-9-405, except Subsections 20A-9-405(3) and (5);
76          (ii) Section 20A-9-408; and
77          (iii) Section 20A-21-201.
78          [(6)] (8) "Federal office" means an elective office for United States Senator and United
79     States Representative.
80          [(7)] (9) "Filing officer" means:
81          (a) the lieutenant governor, for:
82          (i) the office of United States Senator and United States Representative; and
83          (ii) all constitutional offices;
84          (b) for the office of a state senator or state representative, the lieutenant governor or the
85     applicable clerk described in Subsection [(7)] (9)(c) or (d);
86          (c) the county clerk, for county offices and local school district offices;
87          (d) the county clerk in the filer's county of residence, for multicounty offices;
88          (e) the city or town clerk, for municipal offices; or
89          (f) the local district clerk, for local district offices.

90          [(8)] (10) "Local district office" means an elected office in a local district.
91          [(9)] (11) "Local government office" includes county offices, municipal offices, and
92     local district offices and other elective offices selected by the voters from a political division
93     entirely within one county.
94          [(10)] (12) "Manual candidate qualification process" means the process for gathering
95     signatures to seek the nomination of a registered political party, using paper signature packets
96     that a signer physically signs.
97          [(11)] (13) (a) "Multicounty office" means an elective office where the officeholder is
98     selected by the voters from more than one county.
99          (b) "Multicounty office" does not mean:
100          (i) a county office;
101          (ii) a federal office;
102          (iii) the office of justice or judge of any court of record or not of record;
103          (iv) the office of presidential elector;
104          (v) any political party offices; or
105          (vi) any municipal or local district offices.
106          [(12)] (14) "Municipal office" means an elective office in a municipality.
107          [(13)] (15) (a) "Political division" means a geographic unit from which an officeholder
108     is elected and that an officeholder represents.
109          (b) "Political division" includes a county, a city, a town, a local district, a school
110     district, a legislative district, and a county prosecution district.
111          [(14)] (16) "Qualified political party" means a registered political party that:
112          (a) (i) permits a delegate for the registered political party to vote on a candidate
113     nomination in the registered political party's convention remotely; or
114          (ii) provides a procedure for designating an alternate delegate if a delegate is not
115     present at the registered political party's convention;
116          (b) does not hold the registered political party's convention before the fourth Saturday
117     in March of an even-numbered year;
118          (c) permits a member of the registered political party to seek the registered political
119     party's nomination for any elective office by the member choosing to seek the nomination by
120     either or both of the following methods:

121          (i) seeking the nomination through the registered political party's convention process,
122     in accordance with the provisions of Section 20A-9-407; or
123          (ii) seeking the nomination by collecting signatures, in accordance with the provisions
124     of Section 20A-9-408; and
125          (d) (i) if the registered political party is a continuing political party, no later than 5 p.m.
126     on the first Monday of October of an odd-numbered year, certifies to the lieutenant governor
127     that, for the election in the following year, the registered political party intends to nominate the
128     registered political party's candidates in accordance with the provisions of Section 20A-9-406;
129     or
130          (ii) if the registered political party is not a continuing political party, certifies at the
131     time that the registered political party files the petition described in Section 20A-8-103 that, for
132     the next election, the registered political party intends to nominate the registered political
133     party's candidates in accordance with the provisions of Section 20A-9-406.
134          [(15)] (17) "Signature," as it relates to a petition for a candidate to seek the nomination
135     of a registered political party, means:
136          (a) when using the manual candidate qualification process, a holographic signature
137     collected physically on a nomination petition described in Subsection 20A-9-405(3); or
138          (b) when using the electronic candidate qualification process:
139          (i) an electronic signature collected under Subsection 20A-21-201(6)(c)(ii)(A); or
140          (ii) a holographic signature collected electronically under Subsection
141     20A-21-201(6)(c)(ii)(B).
142          Section 2. Section 20A-9-408 is amended to read:
143          20A-9-408. Signature-gathering process to seek the nomination of a qualified
144     political party.
145          (1) This section describes the requirements for a member of a qualified political party
146     who is seeking the nomination of the qualified political party for an elective office through the
147     signature-gathering process described in this section.
148          (2) Notwithstanding Subsection 20A-9-201(7)(a), the form of the declaration of
149     candidacy for a member of a qualified political party who is nominated by, or who is seeking
150     the nomination of, the qualified political party under this section shall be substantially as
151     described in Section 20A-9-408.5.

152          (3) Notwithstanding Subsection 20A-9-202(1)(a), and except as provided in Subsection
153     20A-9-202(4), a member of a qualified political party who, under this section, is seeking the
154     nomination of the qualified political party for an elective office that is to be filled at the next
155     general election shall:
156          (a) during the declaration of candidacy filing period described in Section 20A-9-201.5,
157     and before gathering signatures under this section, file with the filing officer on a form
158     approved by the lieutenant governor a notice of intent to gather signatures for candidacy that
159     includes:
160          (i) the name of the member who will attempt to become a candidate for a registered
161     political party under this section;
162          (ii) the name of the registered political party for which the member is seeking
163     nomination;
164          (iii) the office for which the member is seeking to become a candidate;
165          (iv) the address and telephone number of the member; and
166          (v) other information required by the lieutenant governor;
167          (b) except as provided in Subsection 20A-9-202(1)(c), file a declaration of candidacy,
168     in person, with the filing officer during the declaration of candidacy filing period described in
169     Section 20A-9-201.5; and
170          (c) pay the filing fee.
171          (4) Notwithstanding Subsection 20A-9-202(2)(a), a member of a qualified political
172     party who, under this section, is seeking the nomination of the qualified political party for the
173     office of district attorney within a multicounty prosecution district that is to be filled at the next
174     general election shall:
175          (a) during the declaration of candidacy filing period described in Section 20A-9-201.5,
176     and before gathering signatures under this section, file with the filing officer on a form
177     approved by the lieutenant governor a notice of intent to gather signatures for candidacy that
178     includes:
179          (i) the name of the member who will attempt to become a candidate for a registered
180     political party under this section;
181          (ii) the name of the registered political party for which the member is seeking
182     nomination;

183          (iii) the office for which the member is seeking to become a candidate;
184          (iv) the address and telephone number of the member; and
185          (v) other information required by the lieutenant governor;
186          (b) except as provided in Subsection 20A-9-202(1)(c), file a declaration of candidacy,
187     in person, with the filing officer during the declaration of candidacy filing period described in
188     Section 20A-9-201.5; and
189          (c) pay the filing fee.
190          (5) Notwithstanding Subsection 20A-9-202(3)(a)(iii), a lieutenant governor candidate
191     who files as the joint-ticket running mate of an individual who is nominated by a qualified
192     political party, under this section, for the office of governor shall, during the declaration of
193     candidacy filing period described in Section 20A-9-201.5, file a declaration of candidacy and
194     submit a letter from the candidate for governor that names the lieutenant governor candidate as
195     a joint-ticket running mate.
196          (6) The lieutenant governor shall ensure that the certification described in Subsection
197     20A-9-701(1) also includes the name of each candidate nominated by a qualified political party
198     under this section.
199          (7) Notwithstanding Subsection 20A-9-701(2), the ballot shall, for each candidate who
200     is nominated by a qualified political party under this section, designate the qualified political
201     party that nominated the candidate.
202          (8) A member of a qualified political party may seek the nomination of the qualified
203     political party for an elective office by:
204          (a) complying with the requirements described in this section; and
205          (b) collecting signatures, on a form approved by the lieutenant governor that complies
206     with Subsection 20A-9-405(3), during the period beginning on the day on which the member
207     files a notice of intent to gather signatures and ending at 5 p.m. 14 days before the day on
208     which the qualified political party's convention for the office is held, in the following amounts:
209          (i) for a statewide race, 28,000 signatures of registered voters in the state who are
210     permitted by the qualified political party to vote for the qualified political party's candidates in
211     a primary election;
212          (ii) for a congressional district race, 7,000 signatures of registered voters who are
213     residents of the congressional district and are permitted by the qualified political party to vote

214     for the qualified political party's candidates in a primary election;
215          (iii) for a state Senate district race[,]:
216          (A) if the Senate district is a dense district, 2,000 signatures of registered voters who
217     are residents of the state Senate district and are permitted by the qualified political party to vote
218     for the qualified political party's candidates in a primary election; or
219          (B) if the Senate district is a dispersed district, 1,500 signatures of registered voters
220     who are residents of the state Senate district and are permitted by the qualified political party to
221     vote for the qualified political party's candidates in a primary election;
222          (iv) for a state House district race[,]:
223          (A) if the House district is a dense district, 1,000 signatures of registered voters who
224     are residents of the state House district and are permitted by the qualified political party to vote
225     for the qualified political party's candidates in a primary election; or
226          (B) if the House district is a dispersed district, 500 signatures of registered voters who
227     are residents of the state House district and are permitted by the qualified political party to vote
228     for the qualified political party's candidates in a primary election;
229          (v) for a State Board of Education race in a dense district, the lesser of:
230          (A) 2,000 signatures of registered voters who are residents of the State Board of
231     Education district and are permitted by the qualified political party to vote for the qualified
232     political party's candidates in a primary election; or
233          (B) 3% of the registered voters of the qualified political party who are residents of the
234     applicable State Board of Education district; [and]
235          (vi) for a State Board of Education race in a dispersed district, the lesser of:
236          (A) 1,500 signatures of registered voters who are residents of the State Board of
237     Education district and are permitted by the qualified political party to vote for the qualified
238     political party's candidates in a primary election; or
239          (B) 3% of the registered voters of the qualified political party who are residents of the
240     applicable State Board of Education district; and
241          [(vi)] (vii) for a county office race, signatures of 3% of the registered voters who are
242     residents of the area permitted to vote for the county office and are permitted by the qualified
243     political party to vote for the qualified political party's candidates in a primary election.
244          (9) (a) This Subsection (9) applies only to the manual candidate qualification process.

245          (b) In order for a member of the qualified political party to qualify as a candidate for
246     the qualified political party's nomination for an elective office under this section, using the
247     manual candidate qualification process, the member shall:
248          (i) collect the signatures on a form approved by the lieutenant governor, using the same
249     circulation and verification requirements described in Sections 20A-7-204 and 20A-7-205; and
250          (ii) submit the signatures to the election officer before 5 p.m. no later than 14 days
251     before the day on which the qualified political party holds the party's convention to select
252     candidates, for the elective office, for the qualified political party's nomination.
253          (c) Upon timely receipt of the signatures described in Subsections (8) and (9)(b), the
254     election officer shall, no later than the earlier of 14 days after the day on which the election
255     officer receives the signatures, or one day before the day on which the qualified political party
256     holds the convention to select a nominee for the elective office to which the signature packets
257     relate:
258          (i) check the name of each individual who completes the verification for a signature
259     packet to determine whether each individual is a resident of Utah and is at least 18 years old;
260          (ii) submit the name of each individual described in Subsection (9)(c)(i) who is not a
261     Utah resident or who is not at least 18 years old to the attorney general and the county attorney;
262          (iii) determine whether each signer is a registered voter who is qualified to sign the
263     petition, using the same method, described in Section 20A-7-206.3, used to verify a signature
264     on a petition; and
265          (iv) certify whether each name is that of a registered voter who is qualified to sign the
266     signature packet.
267          (10) (a) This Subsection (10) applies only to the electronic candidate qualification
268     process.
269          (b) In order for a member of the qualified political party to qualify as a candidate for
270     the qualified political party's nomination for an elective office under this section, the member
271     shall, before 5 p.m. no later than 14 days before the day on which the qualified political party
272     holds the party's convention to select candidates, for the elective office, for the qualified
273     political party's nomination, collect signatures electronically:
274          (i) in accordance with Section 20A-21-201; and
275          (ii) using progressive screens, in a format approved by the lieutenant governor, that

276     complies with Subsection 20A-9-405(4).
277          (c) Upon timely receipt of the signatures described in Subsections (8) and (9)(b), the
278     election officer shall, no later than the earlier of 14 days after the day on which the election
279     officer receives the signatures, or one day before the day on which the qualified political party
280     holds the convention to select a nominee for the elective office to which the signature packets
281     relate:
282          (i) check the name of each individual who completes the verification for a signature to
283     determine whether each individual is a resident of Utah and is at least 18 years old; and
284          (ii) submit the name of each individual described in Subsection (10)(c)(i) who is not a
285     Utah resident or who is not at least 18 years old to the attorney general and the county attorney.
286          (11) (a) An individual may not gather signatures under this section until after the
287     individual files a notice of intent to gather signatures for candidacy described in this section.
288          (b) An individual who files a notice of intent to gather signatures for candidacy,
289     described in Subsection (3)(a) or (4)(a), is, beginning on the day on which the individual files
290     the notice of intent to gather signatures for candidacy:
291          (i) required to comply with the reporting requirements that a candidate for office is
292     required to comply with; and
293          (ii) subject to the same enforcement provisions, and civil and criminal penalties, that
294     apply to a candidate for office in relation to the reporting requirements described in Subsection
295     (11)(b)(i).
296          (c) Upon timely receipt of the signatures described in Subsections (8) and (9)(b), or
297     Subsections (8) and (10)(b), the election officer shall, no later than one day before the day on
298     which the qualified political party holds the convention to select a nominee for the elective
299     office to which the signature packets relate, notify the qualified political party and the
300     lieutenant governor of the name of each member of the qualified political party who qualifies
301     as a nominee of the qualified political party, under this section, for the elective office to which
302     the convention relates.
303          (d) Upon receipt of a notice of intent to gather signatures for candidacy described in
304     this section, the lieutenant governor shall post the notice of intent to gather signatures for
305     candidacy on the lieutenant governor's website in the same location that the lieutenant governor
306     posts a declaration of candidacy.