Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 447 (2017GS)

Sponsor

Rep. Roberts, M.

Final action

House/ filed 3/9/2017

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• prohibits a qualified political party candidate from qualifying for the primary election ballot by using both the convention process and the signature-gathering process in the same election.

Every vote on this bill

Bill text

POLITICAL PARTY AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Marc K. Roberts
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill modifies provisions related to a qualified political party.
Highlighted Provisions:
This bill:
▸ prohibits a qualified political party candidate from qualifying for the primary
election ballot by using both the convention process and the signature-gathering
process in the same election.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
20A-9-101
, as last amended by Laws of Utah 2016, Chapter 16
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-9-408.5
, as enacted by Laws of Utah 2015, Chapter 296
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
20A-9-101
 is amended to read:
20A-9-101.
Definitions.
As used in this chapter:
(1) (a) "Candidates for elective office" means persons who file a declaration of
candidacy under Section 
20A-9-202
 to run in a regular general election for a federal office,
constitutional office, multicounty office, or county office.
(b) "Candidates for elective office" does not mean candidates for:
(i) justice or judge of court of record or not of record;
(ii) presidential elector;
(iii) any political party offices; and
(iv) municipal or local district offices.
(2) "Constitutional office" means the state offices of governor, lieutenant governor,
attorney general, state auditor, and state treasurer.
(3) "Continuing political party" means the same as that term is defined in Section
20A-8-101
.
(4) (a) "County office" means an elective office where the officeholder is selected by
voters entirely within one county.
(b) "County office" does not mean:
(i) the office of justice or judge of any court of record or not of record;
(ii) the office of presidential elector;
(iii) any political party offices;
(iv) any municipal or local district offices; and
(v) the office of United States Senator and United States Representative.
(5) "Federal office" means an elective office for United States Senator and United
States Representative.
(6) "Filing officer" means:
(a) the lieutenant governor, for:
(i) the office of United States Senator and United States Representative; and
(ii) all constitutional offices;
(b) the county clerk, for county offices and local school district offices, and the county
clerk in the filer's county of residence, for multicounty offices;
(c) the city or town clerk, for municipal offices; and
(d) the local district clerk, for local district offices.
(7) "Local district office" means an elected office in a local district.
(8) "Local government office" includes county offices, municipal offices, and local
district offices and other elective offices selected by the voters from a political division entirely
within one county.
(9) (a) "Multicounty office" means an elective office where the officeholder is selected
by the voters from more than one county.
(b) "Multicounty office" does not mean:
(i) a county office;
(ii) a federal office;
(iii) the office of justice or judge of any court of record or not of record;
(iv) the office of presidential elector;
(v) any political party offices; and
(vi) any municipal or local district offices.
(10) "Municipal office" means an elective office in a municipality.
(11) (a) "Political division" means a geographic unit from which an officeholder is
elected and that an officeholder represents.
(b) "Political division" includes a county, a city, a town, a local district, a school
district, a legislative district, and a county prosecution district.
(12) "Qualified political party" means a registered political party that:
(a) (i) permits a delegate for the registered political party to vote on a candidate
nomination in the registered political party's convention remotely; or
(ii) provides a procedure for designating an alternate delegate if a delegate is not
present at the registered political party's convention;
(b) does not hold the registered political party's convention before the fourth Saturday
in March of an even-numbered year;
(c) permits a member of the registered political party to seek the registered political
party's nomination for any elective office by the member choosing to seek the nomination by
[
either or both
] 
one
 of the following methods:
(i) seeking the nomination through the registered political party's convention process,
in accordance with the provisions of Section 
20A-9-407
; or
(ii) seeking the nomination by collecting signatures, in accordance with the provisions
of Section 
20A-9-408
; and
(d) (i) if the registered political party is a continuing political party, no later than 5 p.m.
on September 30 of an odd-numbered year, certifies to the lieutenant governor that, for the
election in the following year, the registered political party intends to nominate the registered
political party's candidates in accordance with the provisions of Section 
20A-9-406
; or
(ii) if the registered political party is not a continuing political party, certifies at the
time that the registered political party files the petition described in Section 
20A-8-103
 that, for
the next election, the registered political party intends to nominate the registered political
party's candidates in accordance with the provisions of Section 
20A-9-406
.
Section 2. 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 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
[
,
] 
or
 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 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 3. 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) 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) (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) 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 who is seeking the nomination of a
qualified political party for an elective office through the qualified political party's convention
process may not seek the nomination of the qualified political party under the
signature-gathering process described in Section 
20A-9-408
.
Section 4. 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 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, 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) the name of the member who will attempt to become a candidate for a registered
political party under this section;
(ii) the name of the registered political party for which the member is seeking
nomination;
(iii) the office for which the member is seeking to become a candidate;
(iv) the address and telephone number of the member; and
(v) 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 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) on or after January 1 before the next regular general election, 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) the name of the member who will attempt to become a candidate for a registered
political party under this section;
(ii) the name of the registered political party for which the member is seeking
nomination;
(iii) the office for which the member is seeking to become a candidate;
(iv) the address and telephone number of the member; and
(v) 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 January 1 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.
(10) 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
signature-gathering process may not seek the nomination of the qualified political party under
the convention process described in Section 
20A-9-407
.
Section 5. Section 
20A-9-408.5
 is amended to read:
20A-9-408.5.
Declaration of candidacy form for qualified political party.
The declaration of candidacy form described in Sections 
20A-9-407
 and 
20A-9-408
shall:
(1) be substantially as follows:
"State of Utah, County of ____
I, ______________, declare my intention of becoming a candidate for the office of
____ as a candidate for the ____ party. I do solemnly swear that: I will meet the qualifications
to hold the office, both legally and constitutionally, if selected; I reside at _____________ in
the City or Town of ____, Utah, Zip Code ____, Phone No. ____; I will not knowingly violate
any law governing campaigns and elections; I will file all campaign financial disclosure reports
as required by law; and I understand that failure to do so will result in my disqualification as a
candidate for this office and removal of my name from the ballot. The mailing address that I
designate for receiving official election notices is
___________________________________________________________________________
___________________________________________________________________________.
Subscribed and sworn before me this __________(month\day\year). Notary Public (or
other officer qualified to administer oath).";
(2) direct the candidate to state, in the sworn statement described in Subsection (1):
(a) the registered political party of which the candidate is a member; or
(b) that the candidate is not a member of a registered political party; and
(3) direct the candidate to indicate whether the candidate is seeking the nomination
using:
(a) the convention process described in Section 
20A-9-407
; 
or
(b) the signature-gathering process described in Section 
20A-9-408
[
; or
]
.
[
(c) both processes described in Subsections (3)(a) and (b).
]
Legislative Review Note
Office of Legislative Research and General Counsel