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7 LONG TITLE
8 General Description:
9 This bill modifies the signature threshold requirements for partisan office.
10 Highlighted Provisions:
11 This bill:
12 ▸ modifies the signature threshold requirements for partisan office.
13 Money Appropriated in this Bill:
14 None
15 Other Special Clauses:
16 None
17 Utah Code Sections Affected:
18 AMENDS:
19 20A-9-408, as last amended by Laws of Utah 2022, Chapters 13, 325
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21 Be it enacted by the Legislature of the state of Utah:
22 Section 1. Section 20A-9-408 is amended to read:
23 20A-9-408. Signature-gathering process to seek the nomination of a qualified
24 political party.
25 (1) This section describes the requirements for a member of a qualified political party
26 who is seeking the nomination of the qualified political party for an elective office through the
27 signature-gathering process described in this section.
28 (2) Notwithstanding Subsection 20A-9-201(7)(a), the form of the declaration of
29 candidacy for a member of a qualified political party who is nominated by, or who is seeking
30 the nomination of, the qualified political party under this section shall be substantially as
31 described in Section 20A-9-408.5.
32 (3) Notwithstanding Subsection 20A-9-202(1)(a), and except as provided in Subsection
33 20A-9-202(4), a member of a qualified political party who, under this section, is seeking the
34 nomination of the qualified political party for an elective office that is to be filled at the next
35 general election shall:
36 (a) during the declaration of candidacy filing period described in Section 20A-9-201.5,
37 and before gathering signatures under this section, file with the filing officer on a form
38 approved by the lieutenant governor a notice of intent to gather signatures for candidacy that
39 includes:
40 (i) the name of the member who will attempt to become a candidate for a registered
41 political party under this section;
42 (ii) the name of the registered political party for which the member is seeking
43 nomination;
44 (iii) the office for which the member is seeking to become a candidate;
45 (iv) the address and telephone number of the member; and
46 (v) other information required by the lieutenant governor;
47 (b) except as provided in Subsection 20A-9-202(1)(c), file a declaration of candidacy,
48 in person, with the filing officer during the declaration of candidacy filing period described in
49 Section 20A-9-201.5; and
50 (c) pay the filing fee.
51 (4) Notwithstanding Subsection 20A-9-202(2)(a), a member of a qualified political
52 party who, under this section, is seeking the nomination of the qualified political party for the
53 office of district attorney within a multicounty prosecution district that is to be filled at the next
54 general election shall:
55 (a) during the declaration of candidacy filing period described in Section 20A-9-201.5,
56 and before gathering signatures under this section, file with the filing officer on a form
57 approved by the lieutenant governor a notice of intent to gather signatures for candidacy that
58 includes:
59 (i) the name of the member who will attempt to become a candidate for a registered
60 political party under this section;
61 (ii) the name of the registered political party for which the member is seeking
62 nomination;
63 (iii) the office for which the member is seeking to become a candidate;
64 (iv) the address and telephone number of the member; and
65 (v) other information required by the lieutenant governor;
66 (b) except as provided in Subsection 20A-9-202(1)(c), file a declaration of candidacy,
67 in person, with the filing officer during the declaration of candidacy filing period described in
68 Section 20A-9-201.5; and
69 (c) pay the filing fee.
70 (5) Notwithstanding Subsection 20A-9-202(3)(a)(iii), a lieutenant governor candidate
71 who files as the joint-ticket running mate of an individual who is nominated by a qualified
72 political party, under this section, for the office of governor shall, during the declaration of
73 candidacy filing period described in Section 20A-9-201.5, file a declaration of candidacy and
74 submit a letter from the candidate for governor that names the lieutenant governor candidate as
75 a joint-ticket running mate.
76 (6) The lieutenant governor shall ensure that the certification described in Subsection
77 20A-9-701(1) also includes the name of each candidate nominated by a qualified political party
78 under this section.
79 (7) Notwithstanding Subsection 20A-9-701(2), the ballot shall, for each candidate who
80 is nominated by a qualified political party under this section, designate the qualified political
81 party that nominated the candidate.
82 (8) A member of a qualified political party may seek the nomination of the qualified
83 political party for an elective office by:
84 (a) complying with the requirements described in this section; and
85 (b) collecting signatures, on a form approved by the lieutenant governor that complies
86 with Subsection 20A-9-405(3), during the period beginning on the day on which the member
87 files a notice of intent to gather signatures and ending at 5 p.m. 14 days before the day on
88 which the qualified political party's convention for the office is held, in the following amounts:
89 (i) for a statewide race, the greater of:
90 (A) 28,000 signatures of registered voters in the state who are permitted by the
91 qualified political party to vote for the qualified political party's candidates in a primary
92 election; or
93 (B) signatures of 3% of the registered voters of the qualified political party in the state;
94 (ii) for a congressional district race, the greater of:
95 (A) 7,000 signatures of registered voters who are residents of the congressional district
96 and are permitted by the qualified political party to vote for the qualified political party's
97 candidates in a primary election; or
98 (B) signatures of 3% of the registered voters of the qualified political party who are
99 residents of the congressional district;
100 (iii) for a state Senate district race, the greater of:
101 (A) 2,000 signatures of registered voters who are residents of the state Senate district
102 and are permitted by the qualified political party to vote for the qualified political party's
103 candidates in a primary election; or
104 (B) signatures of 3% of the registered voters of the qualified political party who are
105 residents of the state Senate district;
106 (iv) for a state House district race, the greater of:
107 (A) 1,000 signatures of registered voters who are residents of the state House district
108 and are permitted by the qualified political party to vote for the qualified political party's
109 candidates in a primary election; or
110 (B) signatures of 3% of the registered voters of the qualified political party who are
111 residents of the state House district;
112 (v) for a State Board of Education race, the [
113 (A) 2,000 signatures of registered voters who are residents of the State Board of
114 Education district and are permitted by the qualified political party to vote for the qualified
115 political party's candidates in a primary election; or
116 (B) signatures of 3% of the registered voters of the qualified political party who are
117 residents of the applicable State Board of Education district; and
118 (vi) for a county office race, signatures of 3% of the registered voters who are residents
119 of the area permitted to vote for the county office and are permitted by the qualified political
120 party to vote for the qualified political party's candidates in a primary election.
121 (9) (a) This Subsection (9) applies only to the manual candidate qualification process.
122 (b) In order for a member of the qualified political party to qualify as a candidate for
123 the qualified political party's nomination for an elective office under this section, using the
124 manual candidate qualification process, the member shall:
125 (i) collect the signatures on a form approved by the lieutenant governor, using the same
126 circulation and verification requirements described in Sections 20A-7-204 and 20A-7-205; and
127 (ii) submit the signatures to the election officer before 5 p.m. no later than 14 days
128 before the day on which the qualified political party holds the party's convention to select
129 candidates, for the elective office, for the qualified political party's nomination.
130 (c) Upon timely receipt of the signatures described in Subsections (8) and (9)(b), the
131 election officer shall, no later than the earlier of 14 days after the day on which the election
132 officer receives the signatures, or one day before the day on which the qualified political party
133 holds the convention to select a nominee for the elective office to which the signature packets
134 relate:
135 (i) check the name of each individual who completes the verification for a signature
136 packet to determine whether each individual is a resident of Utah and is at least 18 years old;
137 (ii) submit the name of each individual described in Subsection (9)(c)(i) who is not a
138 Utah resident or who is not at least 18 years old to the attorney general and the county attorney;
139 (iii) determine whether each signer is a registered voter who is qualified to sign the
140 petition, using the same method, described in Section 20A-7-206.3, used to verify a signature
141 on a petition; and
142 (iv) certify whether each name is that of a registered voter who is qualified to sign the
143 signature packet.
144 (10) (a) This Subsection (10) applies only to the electronic candidate qualification
145 process.
146 (b) In order for a member of the qualified political party to qualify as a candidate for
147 the qualified political party's nomination for an elective office under this section, the member
148 shall, before 5 p.m. no later than 14 days before the day on which the qualified political party
149 holds the party's convention to select candidates, for the elective office, for the qualified
150 political party's nomination, collect signatures electronically:
151 (i) in accordance with Section 20A-21-201; and
152 (ii) using progressive screens, in a format approved by the lieutenant governor, that
153 complies with Subsection 20A-9-405(4).
154 (c) Upon timely receipt of the signatures described in Subsections (8) and (9)(b), the
155 election officer shall, no later than the earlier of 14 days after the day on which the election
156 officer receives the signatures, or one day before the day on which the qualified political party
157 holds the convention to select a nominee for the elective office to which the signature packets
158 relate:
159 (i) check the name of each individual who completes the verification for a signature to
160 determine whether each individual is a resident of Utah and is at least 18 years old; and
161 (ii) submit the name of each individual described in Subsection (10)(c)(i) who is not a
162 Utah resident or who is not at least 18 years old to the attorney general and the county attorney.
163 (11) (a) An individual may not gather signatures under this section until after the
164 individual files a notice of intent to gather signatures for candidacy described in this section.
165 (b) An individual who files a notice of intent to gather signatures for candidacy,
166 described in Subsection (3)(a) or (4)(a), is, beginning on the day on which the individual files
167 the notice of intent to gather signatures for candidacy:
168 (i) required to comply with the reporting requirements that a candidate for office is
169 required to comply with; and
170 (ii) subject to the same enforcement provisions, and civil and criminal penalties, that
171 apply to a candidate for office in relation to the reporting requirements described in Subsection
172 (11)(b)(i).
173 (c) Upon timely receipt of the signatures described in Subsections (8) and (9)(b), or
174 Subsections (8) and (10)(b), the election officer shall, no later than one day before the day on
175 which the qualified political party holds the convention to select a nominee for the elective
176 office to which the signature packets relate, notify the qualified political party and the
177 lieutenant governor of the name of each member of the qualified political party who qualifies
178 as a nominee of the qualified political party, under this section, for the elective office to which
179 the convention relates.
180 (d) Upon receipt of a notice of intent to gather signatures for candidacy described in
181 this section, the lieutenant governor shall post the notice of intent to gather signatures for
182 candidacy on the lieutenant governor's website in the same location that the lieutenant governor
183 posts a declaration of candidacy.