Representative Jordan D. Teuscher proposes the following substitute bill:


1     
PRIMARY BALLOT REQUIREMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jordan D. Teuscher

5     
Senate Sponsor: Kirk A. Cullimore

6     

7     LONG TITLE
8     General Description:
9          This bill addresses the nomination for an elective office of a member of a qualified
10     political party.
11     Highlighted Provisions:
12          This bill:
13          ▸     requires a qualified political party to report the results of a nominating convention
14     to the lieutenant governor;
15          ▸     provides that a qualified political party may opt-in to a nomination method where a
16     candidate who receives 70% or more of the votes for an elective office at a
17     nominating convention automatically eliminates a candidate nominated for that
18     office through the signature-gathering process;
19          ▸     provides that, under the nomination method described above, a candidate receiving
20     70% or more of the votes at a nominating convention is not required to participate
21     in the primary election in certain circumstances;
22          ▸     requires an election officer to identify on a primary ballot the candidates nominated
23     at the qualified political party's nominating convention; and
24          ▸     makes technical and conforming changes.
25     Money Appropriated in this Bill:

26          None
27     Other Special Clauses:
28          None
29     Utah Code Sections Affected:
30     AMENDS:
31          20A-1-502, as last amended by Laws of Utah 2020, Chapter 13
32          20A-1-502.5, as enacted by Laws of Utah 2020, Chapter 13
33          20A-9-101, as last amended by Laws of Utah 2022, Chapters 13, 325
34          20A-9-406, as last amended by Laws of Utah 2022, Chapter 13
35          20A-9-407, as last amended by Laws of Utah 2022, Chapter 13
36          20A-9-408, as last amended by Laws of Utah 2022, Chapters 13, 325
37          20A-9-409, as last amended by Laws of Utah 2021, Second Special Session, Chapter 6
38     ENACTS:
39          20A-9-408.7, Utah Code Annotated 1953
40     

41     Be it enacted by the Legislature of the state of Utah:
42          Section 1. Section 20A-1-502 is amended to read:
43          20A-1-502. Midterm vacancy in office of United States senator.
44          (1) Except as provided in Subsections (2) and (3), when a vacancy occurs in the office
45     of United States senator, the governor shall, within seven days after the day on which the
46     vacancy occurs, issue a proclamation calling a special congressional election to fill the vacancy
47     that:
48          (a) sets a date for a primary congressional special election, and a later date for a general
49     congressional special election, on the same day as one of the following elections:
50          (i) a municipal general election;
51          (ii) a presidential primary election;
52          (iii) a regular primary election; or
53          (iv) a regular general election;
54          (b) sets the date of the primary congressional special election on the same day as the
55     next election described in Subsections (1)(a)(i) through (iv) that is more than 90 days after the
56     day on which the governor issues the proclamation;

57          (c) sets the date of the general special congressional election on the same day as the
58     next election described in Subsection (1)(a) that is more than 90 days after the primary special
59     congressional election described in Subsection (1)(b);
60          (d) provides each registered political party that is not a qualified political party at least
61     21 days, but no more than 28 days, to select one candidate, in a manner determined by the
62     registered political party, as a candidate for the registered political party;
63          (e) subject to Section 20A-9-408.7, if applicable, for each qualified political party,
64     provides at least 21 days, but no more than 28 days:
65          (i) for the qualified political party to select one candidate, using the convention process
66     described in Section 20A-9-407, as a candidate for the qualified political party; and
67          (ii) for a member of the qualified political party to submit signatures to qualify as a
68     candidate for the qualified political party using the signature-gathering process described in
69     Section 20A-9-408;
70          (f) consistent with the requirements of this section, establishes the deadlines, time
71     frames, and procedures for filing a declaration of candidacy, giving notice of an election, and
72     other election requirements; and
73          (g) requires an election officer to comply with the requirements of Chapter 16,
74     Uniform Military and Overseas Voters Act.
75          (2) (a) The governor may set a date for a primary special congressional election or a
76     general special congressional election on a date other than a date described in Subsection (1)(a)
77     if:
78          (i) on the same day on which the governor issues the proclamation described in
79     Subsection (1) the governor calls a special session for the Legislature to appropriate money to
80     hold the election on a different day; or
81          (ii) if the governor issues the proclamation described in Subsection (1) on or after
82     January 1, but before the end of the general session of the Legislature, and requests in the
83     proclamation described in Subsection (1) that the Legislature appropriate money to hold the
84     election on a different day.
85          (b) If the Legislature does not, under Subsection (2)(a), appropriate money to hold the
86     election on a different day, the proclamation described in Subsection (1) is void and the
87     governor shall, within seven days after the day on which the Legislature declines to appropriate

88     money to hold the election on a different day, issue a proclamation, in accordance with
89     Subsection (1), that sets the special congressional primary and general elections on dates
90     described in Subsections (1)(a)(i) through (iv).
91          (3) A special congressional election to fill a vacancy in the office of United States
92     senator will not be held if:
93          (a) the next regular general election that occurs after the day on which the vacancy
94     occurs is the regular general election that occurs immediately before the six-year term for the
95     senate office ends; and
96          (b) the vacancy occurs after August 1 of the year before the regular general election
97     described in Subsection (3)(a).
98          (4) (a) The governor shall appoint an individual to temporarily fill a vacancy in the
99     office of United States senator from one of three individuals nominated by the Legislature,
100     each of whom is a member of the political party of which the prior officeholder was a member
101     at the time the prior officeholder was elected.
102          (b) The individual appointed under Subsection (4)(a) shall serve as United States
103     senator until the earlier of the day on which:
104          (i) the vacancy is filled by election under Subsection (1) or (2); or
105          (ii) the six-year term for the senate office ends.
106          (5) An individual elected to fill a vacancy under this section shall serve until the end of
107     the current term in which the vacancy filled by the election occurs.
108          (6) A vacancy in the office of United States senator does not occur unless the senator:
109          (a) has left the office; or
110          (b) submits an irrevocable letter of resignation to the governor or to the president of the
111     United States Senate.
112          Section 2. Section 20A-1-502.5 is amended to read:
113          20A-1-502.5. Midterm vacancy in office of United States representative.
114          (1) Except as provided in Subsections (2) and (4), when a vacancy occurs in the office
115     of United States representative, the governor shall, within seven days after the day on which the
116     vacancy occurs, issue a proclamation calling a special congressional election to fill the vacancy
117     that:
118          (a) sets a date for a primary congressional special election, and a later date for a general

119     congressional special election, on the same day as one of the following elections:
120          (i) a municipal general election;
121          (ii) a presidential primary election;
122          (iii) a regular primary election; or
123          (iv) a regular general election;
124          (b) sets the date of the primary congressional special election on the same day as the
125     next election described in Subsections (1)(a)(i) through (iv) that is more than 90 days after the
126     day on which the governor issues the proclamation;
127          (c) sets the date of the general special congressional election on the same day as the
128     next election described in Subsection (1)(a) that is more than 90 days after the primary special
129     congressional election described in Subsection (1)(b);
130          (d) provides each registered political party that is not a qualified political party at least
131     21 days, but no more than 28 days, to select one candidate, in a manner determined by the
132     registered political party, as a candidate for the registered political party;
133          (e) subject to Section 20A-9-408.7, if applicable, for each qualified political party,
134     provides at least 21 days, but no more than 28 days:
135          (i) for the qualified political party to select one candidate, using the convention process
136     described in Section 20A-9-407, as a candidate for the qualified political party; and
137          (ii) for a member of the qualified political party to submit signatures to qualify as a
138     candidate for the qualified political party using the signature-gathering process described in
139     Section 20A-9-408;
140          (f) consistent with the requirements of this section, establishes the deadlines, time
141     frames, and procedures for filing a declaration of candidacy, giving notice of an election, and
142     other election requirements; and
143          (g) requires an election officer to comply with the requirements of Chapter 16,
144     Uniform Military and Overseas Voters Act.
145          (2) The governor may set a date for a primary special congressional election or a
146     general special congressional election on a date other than a date described in Subsection (1)(a)
147     if:
148          (a) on the same day on which the governor issues the proclamation described in
149     Subsection (1) the governor calls a special session for the Legislature to appropriate money to

150     hold the election on a different day; or
151          (b) if the governor issues the proclamation described in Subsection (1) on or after
152     January 1, but before the end of the general session of the Legislature, and requests in the
153     proclamation described in Subsection (1) that the Legislature appropriate money to hold the
154     election on a different day.
155          (3) If the Legislature does not, under Subsection (2), appropriate money to hold the
156     election on a different day, the proclamation described in Subsection (1) is void and the
157     governor shall, within seven days after the day on which the Legislature declines to appropriate
158     money to hold the election on a different day, issue a proclamation, in accordance with
159     Subsection (1), that sets the special congressional primary and general elections on dates
160     described in Subsections (1)(a)(i) through (iv).
161          (4) A special congressional election to fill a vacancy in the office of United States
162     representative will not be held if the vacancy occurs fewer than 180 days before the next
163     regular general election.
164          (5) An individual who fills a vacancy under this section shall serve until the end of the
165     current term in which the vacancy occurs.
166          (6) A vacancy in the office of United States representative does not occur unless the
167     representative:
168          (a) has left the office; or
169          (b) submits an irrevocable letter of resignation to the governor or to the speaker of the
170     United States House of Representatives.
171          Section 3. Section 20A-9-101 is amended to read:
172          20A-9-101. Definitions.
173          As used in this chapter:
174          (1) (a) "Candidates for elective office" means persons who file a declaration of
175     candidacy under Section 20A-9-202 to run in a regular general election for a federal office,
176     constitutional office, multicounty office, or county office.
177          (b) "Candidates for elective office" does not mean candidates for:
178          (i) justice or judge of court of record or not of record;
179          (ii) presidential elector;
180          (iii) any political party offices; and

181          (iv) municipal or local district offices.
182          (2) "Constitutional office" means the state offices of governor, lieutenant governor,
183     attorney general, state auditor, and state treasurer.
184          (3) "Continuing political party" means the same as that term is defined in Section
185     20A-8-101.
186          (4) (a) "County office" means an elective office where the officeholder is selected by
187     voters entirely within one county.
188          (b) "County office" does not mean:
189          (i) the office of justice or judge of any court of record or not of record;
190          (ii) the office of presidential elector;
191          (iii) any political party offices;
192          (iv) any municipal or local district offices; and
193          (v) the office of United States Senator and United States Representative.
194          (5) "Electronic candidate qualification process" means:
195          (a) as it relates to a registered political party that is not a qualified political party, the
196     process for gathering signatures electronically to seek the nomination of a registered political
197     party, described in:
198          (i) Section 20A-9-403;
199          (ii) Section 20a-9-405, except Subsections 20A-9-405(3) and (5); and
200          (iii) Section 20A-21-201; and
201          (b) as it relates to a qualified political party, the process, for gathering signatures
202     electronically to seek the nomination of a registered political party, described in:
203          (i) Section 20A-9-405, except Subsections 20A-9-405(3) and (5);
204          (ii) Section 20A-9-408; and
205          (iii) Section 20A-21-201.
206          (6) "Federal office" means an elective office for United States Senator and United
207     States Representative.
208          (7) "Filing officer" means:
209          (a) the lieutenant governor, for:
210          (i) the office of United States Senator and United States Representative; and
211          (ii) all constitutional offices;

212          (b) for the office of a state senator or state representative, the lieutenant governor or the
213     applicable clerk described in Subsection (7)(c) or (d);
214          (c) the county clerk, for county offices and local school district offices;
215          (d) the county clerk in the filer's county of residence, for multicounty offices;
216          (e) the city or town clerk, for municipal offices; or
217          (f) the local district clerk, for local district offices.
218          (8) "Local district office" means an elected office in a local district.
219          (9) "Local government office" includes county offices, municipal offices, and local
220     district offices and other elective offices selected by the voters from a political division entirely
221     within one county.
222          (10) "Manual candidate qualification process" means the process for gathering
223     signatures to seek the nomination of a registered political party, using paper signature packets
224     that a signer physically signs.
225          (11) (a) "Multicounty office" means an elective office where the officeholder is
226     selected by the voters from more than one county.
227          (b) "Multicounty office" does not mean:
228          (i) a county office;
229          (ii) a federal office;
230          (iii) the office of justice or judge of any court of record or not of record;
231          (iv) the office of presidential elector;
232          (v) any political party offices; or
233          (vi) any municipal or local district offices.
234          (12) "Municipal office" means an elective office in a municipality.
235          (13) (a) "Political division" means a geographic unit from which an officeholder is
236     elected and that an officeholder represents.
237          (b) "Political division" includes a county, a city, a town, a local district, a school
238     district, a legislative district, and a county prosecution district.
239          (14) "Qualified political party" means a registered political party that:
240          (a) (i) permits a delegate for the registered political party to vote on a candidate
241     nomination in the registered political party's convention remotely; or
242          (ii) provides a procedure for designating an alternate delegate if a delegate is not

243     present at the registered political party's convention;
244          (b) does not hold the registered political party's convention before the fourth Saturday
245     in March of an even-numbered year;
246          (c) subject to 20A-9-408.7, if applicable, permits a member of the registered political
247     party to seek the registered political party's nomination for any elective office by the member
248     choosing to seek the nomination by either or both of the following methods:
249          (i) seeking the nomination through the registered political party's convention process,
250     in accordance with the provisions of Section 20A-9-407; or
251          (ii) seeking the nomination by collecting signatures, in accordance with the provisions
252     of Section 20A-9-408; and
253          (d) (i) if the registered political party is a continuing political party, no later than 5 p.m.
254     on the first Monday of October of an odd-numbered year, certifies to the lieutenant governor
255     that, for the election in the following year, the registered political party intends to nominate the
256     registered political party's candidates in accordance with the provisions of Section 20A-9-406;
257     or
258          (ii) if the registered political party is not a continuing political party, certifies at the
259     time that the registered political party files the petition described in Section 20A-8-103 that, for
260     the next election, the registered political party intends to nominate the registered political
261     party's candidates in accordance with the provisions of Section 20A-9-406.
262          (15) "Signature," as it relates to a petition for a candidate to seek the nomination of a
263     registered political party, means:
264          (a) when using the manual candidate qualification process, a holographic signature
265     collected physically on a nomination petition described in Subsection 20A-9-405(3); or
266          (b) when using the electronic candidate qualification process:
267          (i) an electronic signature collected under Subsection 20A-21-201(6)(c)(ii)(A); or
268          (ii) a holographic signature collected electronically under Subsection
269     20A-21-201(6)(c)(ii)(B).
270          Section 4. Section 20A-9-406 is amended to read:
271          20A-9-406. Qualified political party -- Requirements and exemptions.
272          The following provisions apply to a qualified political party:
273          (1) the qualified political party shall, no later than 5 p.m. on the first Monday of

274     October of each odd-numbered year, certify to the lieutenant governor the identity of one or
275     more registered political parties whose members may vote for the qualified political party's
276     candidates and whether unaffiliated voters may vote for the qualified political party's
277     candidates;
278          (2) the following provisions do not apply to a nomination for the qualified political
279     party:
280          (a) Subsections 20A-9-403(1) through (3)(b) and (3)(d) through (4)(a);
281          (b) Subsection 20A-9-403(5)(c); and
282          (c) Section 20A-9-405;
283          (3) subject to Section 20A-9-408.7, if applicable, an individual may only seek the
284     nomination of the qualified political party by using a method described in Section 20A-9-407,
285     Section 20A-9-408, or both;
286          (4) subject to Section 20A-9-408.7, if applicable, the qualified political party shall
287     comply with the provisions of Sections 20A-9-407, 20A-9-408, and 20A-9-409;
288          (5) notwithstanding Subsection 20A-6-301(1)(a), (1)(e), or (2)(a), each election officer
289     shall ensure that a ballot described in Section 20A-6-301 includes each individual nominated
290     by a qualified political party:
291          (a) under the qualified political party's name , if any; or
292          (b) under the title of the qualified registered political party as designated by the
293     qualified political party in the certification described in Subsection (1), or, if none is
294     designated, then under some suitable title;
295          (6) notwithstanding Subsection 20A-6-302(1)(a), each election officer shall ensure, for
296     ballots in regular general elections, that each candidate who is nominated by the qualified
297     political party is listed by party;
298          (7) notwithstanding Subsection 20A-6-304(1)(e), each election officer shall ensure that
299     the party designation of each candidate who is nominated by the qualified political party is
300     displayed adjacent to the candidate's name on a mechanical ballot;
301          (8) "candidates for elective office," defined in Subsection 20A-9-101(1)(a), also
302     includes an individual who files a declaration of candidacy under Section 20A-9-407 or
303     20A-9-408 to run in a regular general election for a federal office, constitutional office,
304     multicounty office, or county office;

305          (9) an individual who is nominated by, or seeking the nomination of, the qualified
306     political party is not required to comply with Subsection 20A-9-201(1)(c);
307          (10) notwithstanding Subsection 20A-9-403(3), the qualified political party is entitled
308     to have each of the qualified political party's candidates for elective office appear on the
309     primary ballot of the qualified political party with an indication that each candidate is a
310     candidate for the qualified political party;
311          (11) notwithstanding Section 20A-9-403, an election officer shall ensure that, for a
312     ballot in a regular primary election, if the qualified political party nominates at least one
313     candidate for a partisan elective office under the method described in Section 20A-9-407, or
314     nominates at least one candidate for a partisan elective office under each of the methods
315     described in Section 20A-9-407 and Section 20A-9-408:
316          (a) an asterisk is placed immediately to the right of the name of each candidate on the
317     ballot that was nominated under the method described in 20A-9-407; and
318          (b) a separate asterisk is placed at the bottom of the ballot, aligned left, followed by the
319     italicized statement: "This candidate has received the nomination of the candidate's political
320     party at the party's nominating convention.";
321          [(11)] (12) notwithstanding Subsection 20A-9-403(4)(a), the lieutenant governor shall
322     include on the list provided by the lieutenant governor to the county clerks:
323          (a) the names of all candidates of the qualified political party for federal, constitutional,
324     multicounty, and county offices; and
325          (b) the names of unopposed candidates for elective office who have been nominated by
326     the qualified political party and instruct the county clerks to exclude such candidates from the
327     primary-election ballot;
328          [(12)] (13) notwithstanding Subsection 20A-9-403(5)(c), a candidate who is unopposed
329     for an elective office in the regular primary election of the qualified political party is nominated
330     by the party for that office without appearing on the primary ballot; and
331          [(13)] (14) notwithstanding the provisions of Subsections 20A-9-403(1) and (2) and
332     Section 20A-9-405, the qualified political party is entitled to have the names of its candidates
333     for elective office featured with party affiliation on the ballot at a regular general election.
334          Section 5. Section 20A-9-407 is amended to read:
335          20A-9-407. Convention process to seek the nomination of a qualified political

336     party.
337          (1) This section describes the requirements for a member of a qualified political party
338     who is seeking the nomination of a qualified political party for an elective office through the
339     qualified political party's convention process.
340          (2) Notwithstanding Subsection 20A-9-201(7)(a), the form of the declaration of
341     candidacy for a member of a qualified political party who is nominated by, or who is seeking
342     the nomination of, the qualified political party under this section shall be substantially as
343     described in Section 20A-9-408.5.
344          (3) Notwithstanding Subsection 20A-9-202(1)(a), and except as provided in Subsection
345     20A-9-202(4), a member of a qualified political party who, under this section, is seeking the
346     nomination of the qualified political party for an elective office that is to be filled at the next
347     general election, shall:
348          (a) except as provided in Subsection 20A-9-202(1)(c), file a declaration of candidacy in
349     person with the filing officer during the declaration of candidacy filing period described in
350     Section 20A-9-201.5; and
351          (b) pay the filing fee.
352          (4) Notwithstanding Subsection 20A-9-202(2)(a), a member of a qualified political
353     party who, under this section, is seeking the nomination of the qualified political party for the
354     office of district attorney within a multicounty prosecution district that is to be filled at the next
355     general election shall:
356          (a) file a declaration of candidacy with the county clerk designated in the interlocal
357     agreement creating the prosecution district during the declaration of candidacy filing period
358     described in Section 20A-9-201.5; and
359          (b) pay the filing fee.
360          (5) Notwithstanding Subsection 20A-9-202(3)(a)(iii), a lieutenant governor candidate
361     who files as the joint-ticket running mate of an individual who is nominated by a qualified
362     political party, under this section, for the office of governor shall, during the declaration of
363     candidacy filing period described in Section 20A-9-201.5, file a declaration of candidacy and
364     submit a letter from the candidate for governor that names the lieutenant governor candidate as
365     a joint-ticket running mate.
366          (6) (a) A qualified political party that nominates a candidate under this section shall

367     certify the name of the candidate to the lieutenant governor before the deadline described in
368     Subsection 20A-9-202(1)(b).
369          (b) The lieutenant governor shall include, in the primary ballot certification or, for a
370     race where a primary is not held because the candidate is unopposed, in the general election
371     ballot certification, the name of each candidate nominated by a qualified political party under
372     this section.
373          (7) Notwithstanding Subsection 20A-9-701(2), the ballot shall, for each candidate who
374     is nominated by a qualified political party under this section, designate the qualified political
375     party that nominated the candidate.
376          (8) A qualified political party that nominates one or more candidates under this section
377     shall certify the convention results to the lieutenant governor before the deadline described in
378     Subsection 20A-9-202(1)(b).
379          (9) The certification of convention results described in Subsection (8) shall include, for
380     each race for the nomination for an office:
381          (a) the name of each convention candidate seeking the party's nomination for that
382     office;
383          (b) an explanation of the voting method used by the qualified political party to
384     nominate and eliminate convention candidates for that office; and
385          (c) the percentage of the votes received by each candidate in each round of voting.
386          Section 6. Section 20A-9-408 is amended to read:
387          20A-9-408. Signature-gathering process to seek the nomination of a qualified
388     political party.
389          (1) This section describes the requirements for a member of a qualified political party
390     who is seeking the nomination of the qualified political party for an elective office through the
391     signature-gathering process described in this section.
392          (2) Notwithstanding Subsection 20A-9-201(7)(a), the form of the declaration of
393     candidacy for a member of a qualified political party who is nominated by, or who is seeking
394     the nomination of, the qualified political party under this section shall be substantially as
395     described in Section 20A-9-408.5.
396          (3) Notwithstanding Subsection 20A-9-202(1)(a), and except as provided in Subsection
397     20A-9-202(4), a member of a qualified political party who, under this section, is seeking the

398     nomination of the qualified political party for an elective office that is to be filled at the next
399     general election shall:
400          (a) during the declaration of candidacy filing period described in Section 20A-9-201.5,
401     and before gathering signatures under this section, file with the filing officer on a form
402     approved by the lieutenant governor a notice of intent to gather signatures for candidacy that
403     includes:
404          (i) the name of the member who will attempt to become a candidate for a registered
405     political party under this section;
406          (ii) the name of the registered political party for which the member is seeking
407     nomination;
408          (iii) the office for which the member is seeking to become a candidate;
409          (iv) the address and telephone number of the member; and
410          (v) other information required by the lieutenant governor;
411          (b) except as provided in Subsection 20A-9-202(1)(c), file a declaration of candidacy,
412     in person, with the filing officer during the declaration of candidacy filing period described in
413     Section 20A-9-201.5; and
414          (c) pay the filing fee.
415          (4) Notwithstanding Subsection 20A-9-202(2)(a), a member of a qualified political
416     party who, under this section, is seeking the nomination of the qualified political party for the
417     office of district attorney within a multicounty prosecution district that is to be filled at the next
418     general election shall:
419          (a) during the declaration of candidacy filing period described in Section 20A-9-201.5,
420     and before gathering signatures under this section, file with the filing officer on a form
421     approved by the lieutenant governor a notice of intent to gather signatures for candidacy that
422     includes:
423          (i) the name of the member who will attempt to become a candidate for a registered
424     political party under this section;
425          (ii) the name of the registered political party for which the member is seeking
426     nomination;
427          (iii) the office for which the member is seeking to become a candidate;
428          (iv) the address and telephone number of the member; and

429          (v) other information required by the lieutenant governor;
430          (b) except as provided in Subsection 20A-9-202(1)(c), file a declaration of candidacy,
431     in person, with the filing officer during the declaration of candidacy filing period described in
432     Section 20A-9-201.5; and
433          (c) pay the filing fee.
434          (5) Notwithstanding Subsection 20A-9-202(3)(a)(iii), a lieutenant governor candidate
435     who files as the joint-ticket running mate of an individual who is nominated by a qualified
436     political party, under this section, for the office of governor shall, during the declaration of
437     candidacy filing period described in Section 20A-9-201.5, file a declaration of candidacy and
438     submit a letter from the candidate for governor that names the lieutenant governor candidate as
439     a joint-ticket running mate.
440          (6) [The] Subject to Section 20A-9-408.7, if applicable, the lieutenant governor shall
441     ensure that the certification described in Subsection 20A-9-701(1) also includes the name of
442     each candidate nominated by a qualified political party under this section.
443          (7) Notwithstanding Subsection 20A-9-701(2), the ballot shall, for each candidate who
444     is nominated by a qualified political party under this section, designate the qualified political
445     party that nominated the candidate.
446          (8) [A] Subject to Section 20A-9-408.7, if applicable, a member of a qualified political
447     party may seek the nomination of the qualified political party for an elective office by:
448          (a) complying with the requirements described in this section; and
449          (b) collecting signatures, on a form approved by the lieutenant governor that complies
450     with Subsection 20A-9-405(3), during the period beginning on the day on which the member
451     files a notice of intent to gather signatures and ending at 5 p.m. 14 days before the day on
452     which the qualified political party's convention for the office is held, in the following amounts:
453          (i) for a statewide race, 28,000 signatures of registered voters in the state who are
454     permitted by the qualified political party to vote for the qualified political party's candidates in
455     a primary election;
456          (ii) for a congressional district race, 7,000 signatures of registered voters who are
457     residents of the congressional district and are permitted by the qualified political party to vote
458     for the qualified political party's candidates in a primary election;
459          (iii) for a state Senate district race, 2,000 signatures of registered voters who are

460     residents of the state Senate district and are permitted by the qualified political party to vote for
461     the qualified political party's candidates in a primary election;
462          (iv) for a state House district race, 1,000 signatures of registered voters who are
463     residents of the state House district and are permitted by the qualified political party to vote for
464     the qualified political party's candidates in a primary election;
465          (v) for a State Board of Education race, the lesser of:
466          (A) 2,000 signatures of registered voters who are residents of the State Board of
467     Education district and are permitted by the qualified political party to vote for the qualified
468     political party's candidates in a primary election; or
469          (B) 3% of the registered voters of the qualified political party who are residents of the
470     applicable State Board of Education district; and
471          (vi) for a county office race, signatures of 3% of the registered voters who are residents
472     of the area permitted to vote for the county office and are permitted by the qualified political
473     party to vote for the qualified political party's candidates in a primary election.
474          (9) (a) This Subsection (9) applies only to the manual candidate qualification process.
475          (b) [In] Subject to Section 20A-9-408.7, if applicable, in order for a member of the
476     qualified political party to qualify as a candidate for the qualified political party's nomination
477     for an elective office under this section, using the manual candidate qualification process, the
478     member shall:
479          (i) collect the signatures on a form approved by the lieutenant governor, using the same
480     circulation and verification requirements described in Sections 20A-7-204 and 20A-7-205; and
481          (ii) submit the signatures to the election officer before 5 p.m. no later than 14 days
482     before the day on which the qualified political party holds the party's convention to select
483     candidates, for the elective office, for the qualified political party's nomination.
484          (c) Upon timely receipt of the signatures described in Subsections (8) and (9)(b), the
485     election officer shall, no later than the earlier of 14 days after the day on which the election
486     officer receives the signatures, or one day before the day on which the qualified political party
487     holds the convention to select a nominee for the elective office to which the signature packets
488     relate:
489          (i) check the name of each individual who completes the verification for a signature
490     packet to determine whether each individual is a resident of Utah and is at least 18 years old;

491          (ii) submit the name of each individual described in Subsection (9)(c)(i) who is not a
492     Utah resident or who is not at least 18 years old to the attorney general and the county attorney;
493          (iii) determine whether each signer is a registered voter who is qualified to sign the
494     petition, using the same method, described in Section 20A-7-206.3, used to verify a signature
495     on a petition; and
496          (iv) certify whether each name is that of a registered voter who is qualified to sign the
497     signature packet.
498          (10) (a) This Subsection (10) applies only to the electronic candidate qualification
499     process.
500          (b) [In] Subject to Section 20A-9-408.7, if applicable, in order for a member of the
501     qualified political party to qualify as a candidate for the qualified political party's nomination
502     for an elective office under this section, the member shall, before 5 p.m. no later than 14 days
503     before the day on which the qualified political party holds the party's convention to select
504     candidates, for the elective office, for the qualified political party's nomination, collect
505     signatures electronically:
506          (i) in accordance with Section 20A-21-201; and
507          (ii) using progressive screens, in a format approved by the lieutenant governor, that
508     complies with Subsection 20A-9-405(4).
509          (c) Upon timely receipt of the signatures described in Subsections (8) and (9)(b), the
510     election officer shall, no later than the earlier of 14 days after the day on which the election
511     officer receives the signatures, or one day before the day on which the qualified political party
512     holds the convention to select a nominee for the elective office to which the signature packets
513     relate:
514          (i) check the name of each individual who completes the verification for a signature to
515     determine whether each individual is a resident of Utah and is at least 18 years old; and
516          (ii) submit the name of each individual described in Subsection (10)(c)(i) who is not a
517     Utah resident or who is not at least 18 years old to the attorney general and the county attorney.
518          (11) (a) An individual may not gather signatures under this section until after the
519     individual files a notice of intent to gather signatures for candidacy described in this section.
520          (b) An individual who files a notice of intent to gather signatures for candidacy,
521     described in Subsection (3)(a) or (4)(a), is, beginning on the day on which the individual files

522     the notice of intent to gather signatures for candidacy:
523          (i) required to comply with the reporting requirements that a candidate for office is
524     required to comply with; and
525          (ii) subject to the same enforcement provisions, and civil and criminal penalties, that
526     apply to a candidate for office in relation to the reporting requirements described in Subsection
527     (11)(b)(i).
528          (c) Upon timely receipt of the signatures described in Subsections (8) and (9)(b), or
529     Subsections (8) and (10)(b), the election officer shall, no later than one day before the day on
530     which the qualified political party holds the convention to select a nominee for the elective
531     office to which the signature packets relate, notify the qualified political party and the
532     lieutenant governor of the name of each member of the qualified political party who qualifies
533     as a nominee of the qualified political party, under this section, for the elective office to which
534     the convention relates.
535          (d) Upon receipt of a notice of intent to gather signatures for candidacy described in
536     this section, the lieutenant governor shall post the notice of intent to gather signatures for
537     candidacy on the lieutenant governor's website in the same location that the lieutenant governor
538     posts a declaration of candidacy.
539          Section 7. Section 20A-9-408.7 is enacted to read:
540          20A-9-408.7. Elimination of candidate nominated by signature-gathering.
541          (1) A qualified political party may elect to nominate candidates for a partisan elective
542     office in accordance with the candidate elimination process described in this section.
543          (2) (a) Subject to Subsection (3), if a qualified political party nominates a candidate for
544     partisan elective office under Section 20A-9-407, the candidate nominated for that office
545     eliminates any other candidate that otherwise qualifies for placement on the primary ballot
546     under Section 20A-9-408, if:
547          (i) in the first round of voting, the candidate receives at least 70% of the votes cast by
548     the delegates at the convention; or
549          (ii) in a second or subsequent round of voting, the candidate receives at least 70% of
550     the votes cast by the delegates at the convention and, in the immediately preceding round of
551     voting, at least one other candidate for the partisan elective office is eliminated by the
552     delegates;

553          (b) A qualified political party, in a written notice filed with the election officer, shall
554     declare the qualified political party's intent to nominate candidates for an elective office in
555     accordance with Subsection (2)(a):
556          (i) no later than 5:00 p.m. on the first Monday in October in each odd-numbered year;
557     and
558          (ii) for a convention to fill a mid-term vacancy in the office of United States senator or
559     United States representative, no later than 5:00 p.m. on the day after the day on which the
560     governor issues the proclamation described in Subsection 20A-1-502(1) or Subsection
561     20A-1-502.5(1).
562          (c) (i) A qualified political party that provides the notice of intent described in
563     Subsection (2)(b)(i) may withdraw the notice of intent, and not participate in the candidate
564     elimination process, if the qualified political party provides written notice of withdrawal to the
565     election officer no later than 5:00 p.m. on November 30 of the year in which the notice of
566     intent is filed.
567          (ii) A qualified political party may not withdraw a notice of intent filed under
568     Subsection (2)(b)(ii).
569          (3) The candidate elimination process described in Subsection (2)(a) only applies if:
570          (a) a qualified political party timely files the notice of intent described in Subsection
571     (2)(b)(i) or (ii), as applicable; and
572          (b) for the regular primary election, the qualified political party does not withdraw the
573     notice of intent before the deadline described in Subsection (2)(c)(i).
574          Section 8. Section 20A-9-409 is amended to read:
575          20A-9-409. Primary election provisions relating to qualified political party.
576          (1) The regular primary election is held on the date specified in Section 20A-1-201.5.
577          (2) (a) A qualified political party that nominates one or more candidates for an elective
578     office under Section 20A-9-407 and does not have a candidate qualify as a candidate for that
579     office under Section 20A-9-408, may, but is not required to, participate in the primary election
580     for that office.
581          (b) A qualified political party that has only one candidate qualify as a candidate for an
582     elective office under Section 20A-9-408 and does not nominate a candidate for that office
583     under Section 20A-9-407, may, but is not required to, participate in the primary election for

584     that office.
585          (c) A qualified political party that nominates only one candidate for an elective office
586     under Section 20A-9-407 and has one or more candidates qualify as a candidate for that office
587     under Section 20A-9-408, may, but is not required to, participate in the primary election for
588     that office if:
589          (i) the qualified political party nominates candidates for an elective office under the
590     candidate elimination process described in Section 20A-9-408.7; and
591          (ii) the nomination of the candidate or candidates that qualify for the elective office
592     under Section 20A-9-408 are, under Section 20A-9-408.7, eliminated by a candidate nominated
593     for that office under Section 20A-9-407.
594          [(c)] (d) A qualified political party that nominates one or more candidates for an
595     elective office under Section 20A-9-407 and has one or more candidates qualify as a candidate
596     for that office under Section 20A-9-408 shall participate in the primary election for that office.
597          [(d)] (e) A qualified political party that has two or more candidates qualify as
598     candidates for an elective office under Section 20A-9-408 and does not nominate a candidate
599     for that office under Section 20A-9-407 shall participate in the primary election for that office.
600          (3) Notwithstanding Subsection (2), in an opt-in county, as defined in Section
601     17-52a-201 or 17-52a-202, a qualified political party shall participate in the primary election
602     for a county commission office if:
603          (a) there is more than one:
604          (i) open position as defined in Section 17-52a-201; or
605          (ii) midterm vacancy as defined in Section 17-52a-201; and
606          (b) the number of candidates nominated under Section 20A-9-407 or qualified under
607     Section 20A-9-408 for the respective open positions or midterm vacancies exceeds the number
608     of respective open positions or midterm vacancies.
609          (4) (a) As used in this Subsection (4), a candidate is "unopposed" if:
610          (i) no individual other than the candidate receives a certification, from the appropriate
611     filing officer, for the regular primary election ballot of the candidate's registered political party
612     for a particular elective office; or
613          (ii) for an office where more than one individual is to be elected or nominated, the
614     number of candidates who receive certification, from the appropriate filing officer, for the

615     regular primary election of the candidate's registered political party does not exceed the total
616     number of candidates to be elected or nominated for that office.
617          (b) Before the deadline described in Subsection (4)(c), the lieutenant governor shall:
618          (i) provide to the county clerks:
619          (A) a list of the names of all candidates for federal, constitutional, multi-county, single
620     county, and county offices who have received certifications from the appropriate filing officer,
621     along with instructions on how those names shall appear on the primary election ballot in
622     accordance with Section 20A-6-305; and
623          (B) a list of unopposed candidates for elective office who have been nominated by a
624     registered political party; and
625          (ii) instruct the county clerks to exclude unopposed candidates from the primary
626     election ballot.
627          (c) The deadline described in Subsection (4)(b) is 5 p.m. on the first Wednesday after
628     the fourth Saturday in April.