Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 111 First Substitute (2017GS)

Sponsor

Rep. Westwood, J.

Final action

House/ filed 3/9/2017

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• changes the time periods for a candidate to file a declaration of candidacy and a declaration of intent to gather signatures;
• changes the date for filing to become a registered political party, in order to conform with the changes described in the preceding paragraph; and
• makes other technical and conforming changes.

Every vote on this bill

Bill text

ELECTION LAW - FILING DATE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: John R. Westwood
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill amends provisions of the Election Code in relation to filing periods and
deadlines.
Highlighted Provisions:
This bill:
▸ changes the time periods for a candidate to file a declaration of candidacy and a
declaration of intent to gather signatures;
▸ changes the date for filing to become a registered political party, in order to conform
with the changes described in the preceding paragraph; and
▸ makes other technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
20A-1-501
, as last amended by Laws of Utah 2016, Chapter 16
20A-1-503
, as last amended by Laws of Utah 2011, Chapters 327 and 340
20A-1-509.1
, as last amended by Laws of Utah 2011, Chapters 297 and 327
20A-8-103
, as last amended by Laws of Utah 2013, Chapter 253
20A-9-202
, as last amended by Laws of Utah 2015, Chapter 296
20A-9-406
, as last amended by Laws of Utah 2016, Chapters 16 and 66
20A-9-407
, as last amended by Laws of Utah 2015, Chapter 296
20A-9-408
, as last amended by Laws of Utah 2016, Chapter 28
20A-14-203
, as last amended by Laws of Utah 2016, Chapter 16
REPEALS:
20A-5-409
, as last amended by Laws of Utah 2011, Chapter 327
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
20A-1-501
 is amended to read:
20A-1-501.
Candidate vacancies -- Procedure for filling.
(1) The state central committee of a political party, for candidates for United States
senator, United States representative, governor, lieutenant governor, attorney general, state
treasurer, and state auditor, and for legislative candidates whose legislative districts encompass
more than one county, and the county central committee of a political party, for all other party
candidates seeking an office elected at a regular general election, may certify the name of
another candidate to the appropriate election officer if:
(a) for a registered political party that will have a candidate on a ballot in a primary
election, after the close of the period for filing a declaration of candidacy and continuing
through the day before the day on which the lieutenant governor provides the list described in
Subsection 
20A-9-403
(4)(a):
(i) only one or two candidates from that party have filed a declaration of candidacy for
that office; and
(ii) one or both:
(A) dies;
(B) resigns because of acquiring a physical or mental disability, certified by a
physician, that prevents the candidate from continuing the candidacy; or
(C) is disqualified by an election officer for improper filing or nominating procedures;
(b) for a registered political party that does not have a candidate on the ballot in a
primary, but that will have a candidate on the ballot for a general election, after the close of the
period for filing a declaration of candidacy and continuing through the day before the day on
which the lieutenant governor makes the certification described in Section [
20A-5-409
]
20A-9-701
, the party's candidate:
(i) dies;
(ii) resigns because of acquiring a physical or mental disability as certified by a
physician;
(iii) is disqualified by an election officer for improper filing or nominating procedures;
or
(iv) resigns to become a candidate for president or vice president of the United States;
or
(c) for a registered political party with a candidate certified as winning a primary
election, after the deadline described in Subsection (1)(a) and continuing through the day
before that day on which the lieutenant governor makes the certification described in Section
[
20A-5-409
] 
20A-9-701
, the party's candidate:
(i) dies;
(ii) resigns because of acquiring a physical or mental disability as certified by a
physician;
(iii) is disqualified by an election officer for improper filing or nominating procedures;
or
(iv) resigns to become a candidate for president or vice president of the United States.
(2) If no more than two candidates from a political party have filed a declaration of
candidacy for an office elected at a regular general election and one resigns to become the party
candidate for another position, the state central committee of that political party, for candidates
for governor, lieutenant governor, attorney general, state treasurer, and state auditor, and for
legislative candidates whose legislative districts encompass more than one county, and the
county central committee of that political party, for all other party candidates, may certify the
name of another candidate to the appropriate election officer.
(3) Each replacement candidate shall file a declaration of candidacy as required by
Title 20A, Chapter 9, Part 2, Candidate Qualifications and Declarations of Candidacy.
(4) (a) The name of a candidate who is certified under Subsection (1)(a) after the
deadline described in Subsection (1)(a) may not appear on the primary election ballot.
(b) The name of a candidate who is certified under Subsection (1)(b) after the deadline
described in Subsection (1)(b) may not appear on the general election ballot.
(c) The name of a candidate who is certified under Subsection (1)(c) after the deadline
described in Subsection (1)(c) may not appear on the general election ballot.
(5) A political party may not replace a candidate who is disqualified for failure to
timely file a campaign disclosure financial report under Title 20A, Chapter 11, Campaign and
Financial Reporting Requirements, or Section 
17-16-6.5
.
Section 2. Section 
20A-1-503
 is amended to read:
20A-1-503.
Midterm vacancies in the Legislature.
(1) As used in this section:
(a) "Filing deadline" means the final date for filing:
(i) a declaration of candidacy as provided in Section 
20A-9-202
; and
(ii) a certificate of nomination as provided in Section 
20A-9-503
.
(b) "Party liaison" means the political party officer designated to serve as a liaison with
the lieutenant governor on all matters relating to the political party's relationship with the state
as required by Section 
20A-8-401
.
(2) When a vacancy occurs for any reason in the office of representative in the
Legislature, the governor shall fill the vacancy by immediately appointing the person whose
name was submitted by the party liaison of the same political party as the prior representative.
(3) (a) Except as provided by Subsection (5), when a vacancy occurs for any reason in
the office of senator in the Legislature, it shall be filled for the unexpired term at the next
regular general election.
(b) The governor shall fill the vacancy until the next regular general election by
immediately appointing the person whose name was submitted by the party liaison of the same
political party as the prior senator.
(4) (a) [
If
] 
For an even-numbered year in which the term of office does not expire, if
 a
vacancy described in Subsection (3)(a) occurs after the filing deadline but before [
August 31 of
an even-numbered year in which the term of office does not expire
] 
the day on which the
lieutenant governor certifies candidates for the regular general election ballot under Section
20A-9-701
, the lieutenant governor shall:
(i) establish a date, which is before the date for a candidate to be certified for the ballot
under Section 
20A-9-701
 and no later than 21 days after the day on which the vacancy
occurred, by which a person intending to obtain a position on the ballot for the vacant office
shall file:
(A) a declaration of candidacy; or
(B) a certificate of nomination; and
(ii) give notice of the vacancy and the date described in Subsection (4)(a)(i):
(A) on the lieutenant governor's website; and
(B) to each registered political party.
(b) A person intending to obtain a position on the ballot for the vacant office shall:
(i) by the date specified in Subsection (4)(a)(i), file a declaration of candidacy or
certificate of nomination according to the procedures and requirements of Chapter 9, Candidate
Qualifications and Nominating Procedures; and
(ii) run in the regular general election if:
(A) nominated as a party candidate; or
(B) qualified as an unaffiliated candidate as provided by Chapter 9, Candidate
Qualifications and Nominating Procedures.
(c) If a vacancy described in Subsection (3)(a) occurs on or after the first Monday after
the third Saturday in April and before August 31 of an even-numbered year in which the term
of office does not expire, a party liaison from each registered political party may submit a name
of a person described in Subsection (4)(b) to the lieutenant governor by August 30 for
placement on the regular general election ballot.
(5) If a vacancy described in Subsection (3)(a) occurs on or after August 31 of an
even-numbered year in which a term does not expire, the governor shall fill the vacancy for the
unexpired term by immediately appointing the person whose name was submitted by the party
liaison of the same political party as the prior senator.
Section 3. Section 
20A-1-509.1
 is amended to read:
20A-1-509.1.
Procedure for filling midterm vacancy in county or district with 15
or more attorneys.
(1) When a vacancy occurs in the office of county or district attorney in a county or
district having 15 or more attorneys who are licensed active members in good standing with the
Utah State Bar and registered voters, the vacancy shall be filled as provided in this section.
(2) (a) The requirements of this Subsection (2) apply when
:
(i)
 the office of county attorney or district attorney becomes vacant [
and:
]
;
[
(i)
] 
(ii)
 the vacant office has an unexpired term of two years or more; and
[
(ii)
] 
(iii)
 the vacancy occurs before [
the third Thursday in March of the
] 
January 1 of
an
 even-numbered year.
(b) When the conditions established in Subsection (2)(a) are met, the county clerk shall
notify the public and each registered political party that the vacancy exists.
(c) All persons intending to become candidates for the vacant office shall:
(i) file a declaration of candidacy according to the procedures and requirements of
Chapter 9, Part 2, Candidate Qualifications and Declarations of Candidacy;
(ii) if nominated as a party candidate or qualified as an independent or write-in
candidate under Chapter 9, Candidate Qualifications and Nominating Procedures, run in the
regular general election; and
(iii) if elected, complete the unexpired term of the person who created the vacancy.
[
(d) If the vacancy occurs after the second Friday in March and before the third
Thursday in March, the time for filing a declaration of candidacy under Section 
20A-9-202
shall be extended until seven days after the county clerk gives notice under Subsection (2)(b),
but no later than the fourth Thursday in March.
]
(3) (a) The requirements of this Subsection (3) apply when
:
(i)
 the office of county attorney or district attorney becomes vacant [
and:
]
;
[
(i)
] 
(ii)
 the vacant office has an unexpired term of two years or more; and
[
(ii)
] 
(iii)
 the vacancy occurs after [
the third Thursday in March of the
] 
January 1 of an
even-numbered year but more than 75 days before the regular primary election.
(b) When the conditions established in Subsection (3)(a) are met, the county clerk
shall:
(i) notify the public and each registered political party that the vacancy exists; and
(ii) identify the date and time by which a person interested in becoming a candidate
shall file a declaration of candidacy.
(c) All persons intending to become candidates for the vacant office shall:
(i) within five days after the date that the notice is made, ending at the close of normal
office hours on the fifth day, file a declaration of candidacy for the vacant office as required by
Chapter 9, Part 2, Candidate Qualifications and [
Declaration
] 
Declarations
 of Candidacy; and
(ii) if elected, complete the unexpired term of the person who created the vacancy.
(d) The county central committee of each party shall:
(i) select a candidate or candidates from among those qualified candidates who have
filed declarations of candidacy; and
(ii) certify the name of the candidate or candidates to the county clerk at least 60 days
before the regular primary election.
(4) (a) The requirements of this Subsection (4) apply when
:
(i)
 the office of county attorney or district attorney becomes vacant [
and:
]
;
[
(i)
] 
(ii)
 the vacant office has an unexpired term of two years or more; and
[
(ii)
] 
(iii)
days or less remain before the regular primary election but more than 65
days remain before the regular general election.
(b) When the conditions established in Subsection (4)(a) are met, the county central
committees of each registered political party that wish to submit a candidate for the office shall
summarily certify the name of one candidate to the county clerk for placement on the regular
general election ballot.
(c) The candidate elected shall complete the unexpired term of the person who created
the vacancy.
(5) (a) The requirements of this Subsection (5) apply when
:
(i)
 the office of county attorney or district attorney becomes vacant
;
 and[
:
]
[
(i)
] 
(ii) (A)
 the vacant office has an unexpired term of less than two years; or
[
(ii)
] 
(B)
 the vacant office has an unexpired term of two years or more but 65 days or
less remain before the next regular general election.
(b) When the conditions established in Subsection (5)(a) are met, the county legislative
body shall give notice of the vacancy to the county central committee of the same political
party of the prior officeholder and invite that committee to submit the names of three nominees
to fill the vacancy.
(c) That county central committee shall, within 30 days of receiving notice from the
county legislative body, submit to the county legislative body the names of three nominees to
fill the vacancy.
(d) The county legislative body shall, within 45 days after the vacancy occurs, appoint
one of those nominees to serve out the unexpired term.
(e) If the county legislative body fails to appoint a person to fill the vacancy within 45
days, the county clerk shall send to the governor a letter that:
(i) informs the governor that the county legislative body has failed to appoint a person
to fill the vacancy within the statutory time period; and
(ii) contains the list of nominees submitted by the party central committee.
(f) The governor shall appoint a person to fill the vacancy from that list of nominees
within 30 days after receipt of the letter.
(g) A person appointed to fill the vacancy under Subsection (5) shall complete the
unexpired term of the person who created the vacancy.
(6) Nothing in this section prevents or prohibits independent candidates from filing a
declaration of candidacy for the office within the required time limits.
Section 4. Section 
20A-8-103
 is amended to read:
20A-8-103.
Petition procedures -- Criminal penalty.
(1) As used in this section, the proposed name or emblem of a registered political party
is "distinguishable" if a reasonable person of average intelligence will be able to perceive a
difference between the proposed name or emblem and any name or emblem currently being
used by another registered political party.
(2) To become a registered political party, an organization of registered voters that is
not a continuing political party shall:
(a) circulate a petition seeking registered political party status beginning no earlier than
the date of the statewide canvass held after the last regular general election and ending no later
than [
the February 15
] 
November 30
 of the year 
before the year
 in which the next regular
general election will be held; and
(b) file a petition with the lieutenant governor that is signed, with a holographic
signature, by at least 2,000 registered voters on or before [
February 15
] 
November 30
 of the
year 
before the year
 in which a regular general election will be held.
(3) The petition shall:
(a) be on sheets of paper 8-1/2 inches long and 11 inches wide;
(b) be ruled with a horizontal line 3/4 inch from the top, with the space above that line
blank for the purpose of binding;
(c) contain the name of the political party and the words "Political Party Registration
Petition" printed directly below the horizontal line;
(d) contain the word "Warning" printed directly under the words described in
Subsection (3)(c);
(e) contain, to the right of the word "Warning," the following statement printed in not
less than eight-point, single leaded type:
"It is a class A misdemeanor for anyone to knowingly sign a political party registration
petition signature sheet with any name other than the person's own name or more than once for
the same party or if the person is not registered to vote in this state and does not intend to
become registered to vote in this state before the petition is submitted to the lieutenant
governor.";
(f) contain the following statement directly under the statement described in Subsection
(3)(e):
"POLITICAL PARTY REGISTRATION PETITION To the Honorable ____,
Lieutenant Governor:
We, the undersigned citizens of Utah, seek registered political party status for ____
(name);
Each signer says:
I have personally signed this petition with a holographic signature;
I am registered to vote in Utah or will register to vote in Utah before the petition is
submitted to the lieutenant governor;
I am or desire to become a member of the political party; and
My street address is written correctly after my name."; and
(g) be vertically divided into columns as follows:
(i) the first column shall appear at the extreme left of the sheet, be 5/8 inch wide, be
headed with "For Office Use Only," and be subdivided with a light vertical line down the
middle;
(ii) the next column shall be 2-1/2 inches wide, headed "Registered Voter's Printed
Name (must be legible to be counted)";
(iii) the next column shall be 2-1/2 inches wide, headed "Holographic Signature of
Registered Voter";
(iv) the next column shall be one inch wide, headed "Birth Date or Age (Optional)";
(v) the final column shall be 4-3/8 inches wide, headed "Street Address, City, Zip
Code"; and
(vi) at the bottom of the sheet, contain the following statement: "Birth date or age
information is not required, but it may be used to verify your identity with voter registration
records. If you choose not to provide it, your signature may not be certified as a valid signature
if you change your address before petition signatures are certified or if the information you
provide does not match your voter registration records.";
(h) have a final page bound to one or more signature sheets that are bound together that
contains the following printed statement:
"Verification
State of Utah, County of ____
I, _______________, of ____, hereby state that:
I am a Utah resident and am at least 18 years old;
All the names that appear on the signature sheets bound to this page were signed by
persons who professed to be the persons whose names appear on the signature sheets, and each
of them signed the person's name on the signature sheets in my presence;
I believe that each has printed and signed the person's name and written the person's
street address correctly, and that each signer is registered to vote in Utah or will register to vote
in Utah before the petition is submitted to the lieutenant governor.
______________________________________________________________________
(Signature) (Residence Address) (Date)"; and
(i) be bound to a cover sheet that:
(i) identifies the political party's name, which may not exceed four words, and the
emblem of the party;
(ii) states the process that the organization will follow to organize and adopt a
constitution and bylaws; and
(iii) is signed by a filing officer, who agrees to receive communications on behalf of
the organization.
(4) The filing officer described in Subsection (3)(i)(iii) shall ensure that the person in
whose presence each signature sheet is signed:
(a) is at least 18 years old;
(b) meets the residency requirements of Section 
20A-2-105
; and
(c) verifies each signature sheet by completing the verification bound to one or more
signature sheets that are bound together.
(5) A person may not sign the verification if the person signed a signature sheet bound
to the verification.
(6) The lieutenant governor shall:
(a) determine whether the required number of voters appears on the petition;
(b) review the proposed name and emblem to determine if they are "distinguishable"
from the names and emblems of other registered political parties; and
(c) certify the lieutenant governor's findings to the filing officer described in
Subsection (3)(i)(iii) within 30 days of the filing of the petition.
(7) (a) If the lieutenant governor determines that the petition meets the requirements of
this section, and that the proposed name and emblem are distinguishable, the lieutenant
governor shall authorize the filing officer described in Subsection (3)(i)(iii) to organize the
prospective political party.
(b) If the lieutenant governor finds that the name, emblem, or both are not
distinguishable from the names and emblems of other registered political parties, the lieutenant
governor shall notify the filing officer that the filing officer has seven days to submit a new
name or emblem to the lieutenant governor.
(8) A registered political party may not change its name or emblem during the regular
general election cycle.
(9) (a) It is unlawful for any person to:
(i) knowingly sign a political party registration petition:
(A) with any name other than the person's own name;
(B) more than once for the same political party; or
(C) if the person is not registered to vote in this state and does not intend to become
registered to vote in this state before the petition is submitted to the lieutenant governor; or
(ii) sign the verification of a political party registration petition signature sheet if the
person:
(A) does not meet the residency requirements of Section 
20A-2-105
;
(B) has not witnessed the signing by those persons whose names appear on the political
party registration petition signature sheet; or
(C) knows that a person whose signature appears on the political party registration
petition signature sheet is not registered to vote in this state and does not intend to become
registered to vote in this state.
(b) Any person violating this Subsection (9) is guilty of a class A misdemeanor.
Section 5. Section 
20A-9-202
 is amended to read:
20A-9-202.
Declarations of candidacy for regular general elections.
(1) (a) Each person seeking to become a candidate for an elective office that is to be
filled at the next regular general election shall:
(i) file a declaration of candidacy in person with the filing officer
:
(A)
 on or after 
the first business day following
 January 1 of the regular general election
year[
, and,
]
;
(B) no later than 14 calendar days after the day described in Subsection (1)(a)(i)(A);
and
(C)
 if applicable, before the candidate circulates nomination petitions under Section
20A-9-405
; and
(ii) pay the filing fee.
(b) Each county clerk who receives a declaration of candidacy from a candidate for
multicounty office shall transmit the filing fee and a copy of the candidate's declaration of
candidacy to the lieutenant governor within one working day after [
it is filed.
] 
the day on which
the county clerk receives the declaration of candidacy.
(c) Each day during the filing period, each county clerk shall notify the lieutenant
governor electronically or by telephone of candidates who have filed in [
their
] 
the county
clerk's
 office.
(d) Each person seeking the office of lieutenant governor, the office of district attorney,
or the office of president or vice president of the United States shall comply with the specific
declaration of candidacy requirements established by this section.
(2) (a) Each person intending to become a candidate for the office of district attorney
within a multicounty prosecution district that is to be filled at the next regular general election
shall:
(i) file a declaration of candidacy with the clerk designated in the interlocal agreement
creating the prosecution district
:
(A)
 on or after 
the first business day following
 January 1 of the regular general election
year[
, and
]
;
(B) no later than 14 calendar days after the day described in Subsection (2)(a)(i)(A);
and
(C) if applicable,
 before the candidate circulates nomination petitions under Section
20A-9-405
; and
(ii) pay the filing fee.
(b) The designated clerk shall provide to the county clerk of each county in the
prosecution district a certified copy of each declaration of candidacy filed for the office of
district attorney.
(3) (a) On or before 5 p.m. on the first Monday after the third Saturday in April, each
lieutenant governor candidate shall:
(i) file a declaration of candidacy with the lieutenant governor;
(ii) pay the filing fee; and
(iii) submit a letter from a candidate for governor who has received certification for the
primary-election ballot under Section 
20A-9-403
 that names the lieutenant governor candidate
as a joint-ticket running mate.
(b) Any candidate for lieutenant governor who fails to timely file is disqualified. If a
lieutenant governor is disqualified, another candidate shall file to replace the disqualified
candidate.
(4) Each registered political party shall:
(a) certify the names of [
its
] 
the registered political party's
 candidates for president and
vice president of the United States to the lieutenant governor no later than August 31; or
(b) provide written authorization for the lieutenant governor to accept the certification
of candidates for president and vice president of the United States from the national office of
the registered political party.
(5) (a) A declaration of candidacy filed under this section is valid unless a written
objection is filed with the clerk or lieutenant governor within five days after the last day for
filing.
(b) If an objection is made, the clerk or lieutenant governor shall:
(i) mail or personally deliver notice of the objection to the affected candidate
immediately; and
(ii) decide any objection within 48 hours after it is filed.
(c) If the clerk or lieutenant governor sustains the objection, the candidate may cure the
problem by amending the declaration or petition within three days after the objection is
sustained or by filing a new declaration within three days after the objection is sustained.
(d) (i) The clerk's or lieutenant governor's decision upon objections to form is final.
(ii) The clerk's or lieutenant governor's decision upon substantive matters is reviewable
by a district court if prompt application is made to the court.
(iii) The decision of the district court is final unless the Supreme Court, in the exercise
of its discretion, agrees to review the lower court decision.
(6) Any person who filed a declaration of candidacy may withdraw as a candidate by
filing a written affidavit with the clerk.
(7) Except as provided in Subsection 
20A-9-201
(4)(b), notwithstanding a requirement
in this section to file a declaration of candidacy in person, a person may designate an agent to
file the form described in Subsection 
20A-9-201
(4) in person with the filing officer if:
(a) the person is located outside the state during the filing period because:
(i) of employment with the state or the United States; or
(ii) the person is a member of:
(A) the active or reserve components of the Army, Navy, Air Force, Marine Corps, or
Coast Guard of the United States who is on active duty;
(B) the Merchant Marine, the commissioned corps of the Public Health Service, or the
commissioned corps of the National Oceanic and Atmospheric Administration of the United
States; or
(C) the National Guard on activated status;
(b) the person communicates with the filing officer using an electronic device that
allows the person and filing officer to see and hear each other; and
(c) the person provides the filing officer with an email address to which the filing
officer may send the copies described in Subsection 
20A-9-201
(3).
Section 6. Section 
20A-9-406
 is amended to read:
20A-9-406.
Qualified political party -- Requirements and exemptions.
The following provisions apply to a qualified political party:
(1) the qualified political party shall, no later than 5 p.m. on [
March 1 of each
even-numbered
] 
November 15 of each odd-numbered
 year, certify to the lieutenant governor
the identity of one or more registered political parties whose members may vote for the
qualified political party's candidates and whether unaffiliated voters may vote for the qualified
political party's candidates;
(2) the provisions of Subsections 
20A-9-403
(1) through (4)(a), Subsection
20A-9-403
(5)(c), and Section 
20A-9-405
 do not apply to a nomination for the qualified
political party;
(3) an individual may only seek the nomination of the qualified political party by using
a method described in Section 
20A-9-407
, Section 
20A-9-408
, or both;
(4) the qualified political party shall comply with the provisions of Sections
20A-9-407
, 
20A-9-408
, and 
20A-9-409
;
(5) notwithstanding Subsection 
20A-6-301
(1)(a), (1)(g), or (2)(a), each election officer
shall ensure that a ballot described in Section 
20A-6-301
 includes each [
person
] 
individual
nominated by a qualified political party:
(a) under the qualified political party's name , if any; or
(b) under the title of the qualified registered political party as designated by the
qualified political party in the certification described in Subsection (1), or, if none is
designated, then under some suitable title;
(6) notwithstanding Subsection 
20A-6-302
(1)(a), each election officer shall ensure, for
paper ballots in regular general elections, that each candidate who is nominated by the qualified
political party is listed by party;
(7) notwithstanding Subsection 
20A-6-303
(1)(d), each election officer shall ensure that
the party designation of each candidate who is nominated by the qualified political party is
printed immediately adjacent to the candidate's name on ballot sheets or ballot labels;
(8) notwithstanding Subsection 
20A-6-304
(1)(e), each election officer shall ensure that
the party designation of each candidate who is nominated by the qualified political party is
displayed adjacent to the candidate's name on an electronic ballot;
(9) "candidates for elective office," defined in Subsection 
20A-9-101
(1)(a), also
includes an individual who files a declaration of candidacy under Section 
20A-9-407
 or
20A-9-408
 to run in a regular general election for a federal office, constitutional office,
multicounty office, or county office;
(10) an individual who is nominated by, or seeking the nomination of, the qualified
political party is not required to comply with Subsection 
20A-9-201
(1)(c);
(11) notwithstanding Subsection 
20A-9-403
(3), the qualified political party is entitled
to have each of the qualified political party's candidates for elective office appear on the
primary ballot of the qualified political party with an indication that each candidate is a
candidate for the qualified political party;
(12) notwithstanding Subsection 
20A-9-403
(4)(a), the lieutenant governor shall include
on the list provided by the lieutenant governor to the county clerks:
(a) the names of all candidates of the qualified political party for federal, constitutional,
multicounty, and county offices; and
(b) the names of unopposed candidates for elective office who have been nominated by
the qualified political party and instruct the county clerks to exclude such candidates from the
primary-election ballot;
(13) notwithstanding Subsection 
20A-9-403
(5)(c), a candidate who is unopposed for an
elective office in the regular primary election of the qualified political party is nominated by
the party for that office without appearing on the primary ballot; and
(14) notwithstanding the provisions of Subsections 
20A-9-403
(1) and (2) and Section
20A-9-405
, the qualified political party is entitled to have the names of its candidates for
elective office featured with party affiliation on the ballot at a regular general election.
Section 7. Section 
20A-9-407
 is amended to read:
20A-9-407.
 Convention process to seek the nomination of a qualified political
party.
(1) This section describes the requirements for a member of a qualified political party
who is seeking the nomination of a qualified political party for an elective office through the
qualified political party's convention process.
(2) Notwithstanding Subsection 
20A-9-201
(4)(a), the form of the declaration of
candidacy for a member of a qualified political party who is nominated by, or who is seeking
the nomination of, the qualified political party under this section shall be substantially as
described in Section 
20A-9-408.5
.
[
(3) Notwithstanding Subsection 
20A-9-202
(1)(a), and except as provided in
Subsection 
20A-9-202
(4), a member of a qualified political party who, under this section, is
seeking the nomination of the qualified political party for an elective office that is to be filled at
the next general election, shall:
]
[
(a) file a declaration of candidacy in person with the filing officer on or after the
second Friday in March and before 5 p.m. on the third Thursday in March before the next
regular general election; and
]
[
(b) pay the filing fee.
]
[
(4) Notwithstanding Subsection 
20A-9-202
(2)(a), a member of a qualified political
party who, under this section, is seeking the nomination of the qualified political party for the
office of district attorney within a multicounty prosecution district that is to be filled at the next
general election shall:
]
[
(a) file a declaration of candidacy with the county clerk designated in the interlocal
agreement creating the prosecution district on or after the second Friday in March and before 5
p.m. on the third Thursday in March before the next regular general election; and
]
[
(b) pay the filing fee.
]
[
(5)
] 
(3)
 Notwithstanding Subsection 
20A-9-202
(3)(a)(iii), a lieutenant governor
candidate who files as the joint-ticket running mate of an individual who is nominated by a
qualified political party, under this section, for the office of governor shall submit a letter from
the candidate for governor that names the lieutenant governor candidate as a joint-ticket
running mate.
[
(6)
] 
(4)
 (a) A qualified political party that nominates a candidate under this section
shall certify the name of the candidate to the lieutenant governor before 5 p.m. on the first
Monday after the fourth Saturday in April.
(b) The lieutenant governor shall ensure that the certification described in Subsection
20A-9-701
(1) also includes the name of each candidate nominated by a qualified political party
under this section.
[
(7)
] 
(5)
 Notwithstanding Subsection 
20A-9-701
(2), the ballot shall, for each candidate
who is nominated by a qualified political party under this section, designate the qualified
political party that nominated the candidate.
Section 8. Section 
20A-9-408
 is amended to read:
20A-9-408.
Signature-gathering process to seek the nomination of a qualified
political party.
(1) This section describes the requirements for a member of a qualified political party
who is seeking the nomination of the qualified political party for an elective office through the
signature-gathering process described in this section.
(2) Notwithstanding Subsection 
20A-9-201
(4)(a), the form of the declaration of
candidacy for a member of a qualified political party who is nominated by, or who is seeking
the nomination of, the qualified political party under this section shall be substantially as
described in Section 
20A-9-408.5
.
[
(3) Notwithstanding Subsection 
20A-9-202
(1)(a), and except
]
(3) Except
 as provided in Subsection 
20A-9-202
(4), a member of a qualified political
party who, under this section, is seeking the nomination of the qualified political party for an
elective office that is to be filled at the next general election shall[
: (a) within the period
beginning on January 1 before the next regular general election and ending on the third
Thursday in March of the same year
]
, on or after the first business day in January, on or before
calendar days after the first business day in January
, and before gathering signatures under
this section, file with the filing officer on a form approved by the lieutenant governor a notice
of intent to gather signatures for candidacy that includes:
[
(i)
] 
(a)
 the name of the member who will attempt to become a candidate for a
registered political party under this section;
[
(ii)
] 
(b)
 the name of the registered political party for which the member is seeking
nomination;
[
(iii)
] 
(c)
 the office for which the member is seeking to become a candidate;
[
(iv)
] 
(d)
 the address and telephone number of the member; and
[
(v)
] 
(e)
 other information required by the lieutenant governor[
;
]
.
[
(b) file a declaration of candidacy, in person, with the filing officer on or after the
second Friday in March and before 5 p.m. on the third Thursday in March before the next
regular general election; and
]
[
(c) pay the filing fee.
]
[
(4) Notwithstanding Subsection 
20A-9-202
(2)(a), a
]
(4) A
 member of a qualified political party who, under this section, is seeking the
nomination of the qualified political party for the office of district attorney within a
multicounty prosecution district that is to be filled at the next 
regular
 general election shall[
: (a) 
on or after January 1 before the next regular general election
]
, on or after the first business day
in January, on or before 14 calendar days after the first business day in January
, and before
gathering signatures under this section, file with the filing officer on a form approved by the
lieutenant governor a notice of intent to gather signatures for candidacy that includes:
[
(i)
] 
(a)
 the name of the member who will attempt to become a candidate for a
registered political party under this section;
[
(ii)
] 
(b)
 the name of the registered political party for which the member is seeking
nomination;
[
(iii)
] 
(c)
 the office for which the member is seeking to become a candidate;
[
(iv)
] 
(d)
 the address and telephone number of the member; and
[
(v)
] 
(e)
 other information required by the lieutenant governor[
;
]
.
[
(b) file a declaration of candidacy, in person, with the filing officer on or after the
second Friday in March and before 5 p.m. on the third Thursday in March before the next
regular general election; and
]
[
(c) pay the filing fee.
]
(5) Notwithstanding Subsection 
20A-9-202
(3)(a)(iii), a lieutenant governor candidate
who files as the joint-ticket running mate of an individual who is nominated by a qualified
political party, under this section, for the office of governor shall submit a letter from the
candidate for governor that names the lieutenant governor candidate as a joint-ticket running
mate.
(6) The lieutenant governor shall ensure that the certification described in Subsection
20A-9-701
(1) also includes the name of each candidate nominated by a qualified political party
under this section.
(7) Notwithstanding Subsection 
20A-9-701
(2), the ballot shall, for each candidate who
is nominated by a qualified political party under this section, designate the qualified political
party that nominated the candidate.
(8) A member of a qualified political party may seek the nomination of the qualified
political party for an elective office by:
(a) complying with the requirements described in this section; and
(b) collecting signatures, on a form approved by the lieutenant governor, during the
period beginning on 
the first business day in
 January [
] of an even-numbered year and ending
14 days before the day on which the qualified political party's convention for the office is held,
in the following amounts:
(i) for a statewide race, 28,000 signatures of registered voters in the state who are
permitted by the qualified political party to vote for the qualified political party's candidates in
a primary election;
(ii) for a congressional district race, 7,000 signatures of registered voters who are
residents of the congressional district and are permitted by the qualified political party to vote
for the qualified political party's candidates in a primary election;
(iii) for a state Senate district race, 2,000 signatures of registered voters who are
residents of the state Senate district and are permitted by the qualified political party to vote for
the qualified political party's candidates in a primary election;
(iv) for a state House district race, 1,000 signatures of registered voters who are
residents of the state House district and are permitted by the qualified political party to vote for
the qualified political party's candidates in a primary election;
(v) for a State Board of Education race, the lesser of:
(A) 2,000 signatures of registered voters who are residents of the State Board of
Education district and are permitted by the qualified political party to vote for the qualified
political party's candidates in a primary election; or
(B) 3% of the registered voters of the qualified political party who are residents of the
applicable State Board of Education district; and
(vi) for a county office race, signatures of 3% of the registered voters who are residents
of the area permitted to vote for the county office and are permitted by the qualified political
party to vote for the qualified political party's candidates in a primary election.
(9) (a) In order for a member of the qualified political party to qualify as a candidate
for the qualified political party's nomination for an elective office under this section, the
member shall:
(i) collect the signatures on a form approved by the lieutenant governor, using the same
circulation and verification requirements described in Sections 
20A-7-204
 and 
20A-7-205
; and
(ii) submit the signatures to the election officer no later than 14 days before the day on
which the qualified political party holds its convention to select candidates, for the elective
office, for the qualified political party's nomination.
(b) An individual may not gather signatures under this section until after the individual
files a notice of intent to gather signatures for candidacy described in this section.
(c) An individual who files a notice of intent to gather signatures for candidacy,
described in Subsection (3)(a) or (4)(a), is, beginning on the day on which the individual files
the notice of intent to gather signatures for candidacy:
(i) required to comply with the reporting requirements that a candidate for office is
required to comply with; and
(ii) subject to the same enforcement provisions, and civil and criminal penalties, that
apply to a candidate for office in relation to the reporting requirements described in Subsection
(9)(c)(i).
(d) Upon timely receipt of the signatures described in Subsections (8) and (9)(a), the
election officer shall, no later than one day before the day on which the qualified political party
holds the convention to select a nominee for the elective office to which the signature packets
relate:
(i) check the name of each individual who completes the verification for a signature
packet to determine whether each individual is a resident of Utah and is at least 18 years old;
(ii) submit the name of each individual described in Subsection (9)(d)(i) who is not a
Utah resident or who is not at least 18 years old to the attorney general and the county attorney;
(iii) determine whether each signer is a registered voter who is qualified to sign the
petition, using the same method, described in Section 
20A-7-206.3
, used to verify a signature
on a petition;
(iv) certify whether each name is that of a registered voter who is qualified to sign the
signature packet; and
(v) notify the qualified political party and the lieutenant governor of the name of each
member of the qualified political party who qualifies as a nominee of the qualified political
party, under this section, for the elective office to which the convention relates.
(e) Upon receipt of a notice of intent to gather signatures for candidacy described in
this section, the lieutenant governor shall post the notice of intent to gather signatures for
candidacy on the lieutenant governor's website in the same location that the lieutenant governor
posts a declaration of candidacy.
Section 9. Section 
20A-14-203
 is amended to read:
20A-14-203.
Becoming a member of a local board of education -- Declaration of
candidacy -- Election.
(1) An individual may become a candidate for a local school board:
[
(a) (i) in the 2016 general election, by filing a declaration of candidacy with the
county clerk, in accordance with Section 
20A-9-202
, before 5 p.m. on March 17, 2016; or
]
[
(ii) in a general election held after 2016,
]
(a)
 by filing a declaration of candidacy with the county clerk
:
(i)
 on or after the [
second Friday in March, and before 5 p.m. on the third Thursday in
March, before the next
] 
first business day following January 1 of the
 regular general election[
;
and
] 
year; and
(ii) not later than 14 calendar days after the day described in Subsection 
(1)(a)(i); and
(b) by paying the fee described in Section 
20A-9-202
.
(2) (a) The term of office for an individual elected to a local board of education is four
years, beginning on the first Monday in January after the election.
(b) A member of a local board of education shall serve until a successor is elected or
appointed and qualified.
(c) A member of a local board of education is "qualified" when the member takes or
signs the constitutional oath of office.
Section 10. 
Repealer.
This bill repeals:
Section 
20A-5-409
,
Certification of candidates to county clerks.
Legislative Review Note
Office of Legislative Research and General Counsel