Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 252 Third Substitute (2017GS)

Sponsor

Sen. Bramble, C.

Final action

Senate/ filed 3/9/2017

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• describes requirements and procedures relating to a special election to fill a vacancy in the office of United States representative;
• establishes different requirements and procedures for a special election described in this bill based on the nearness of the date of vacancy to the regular primary or regular general election;
• grants authority to the governor to establish the deadlines, time frames, and procedures relating to a special election described in this bill; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

SPECIAL ELECTION TO FILL UNITED STATES HOUSE
OF REPRESENTATIVES VACANCY
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Curtis S. Bramble
House Sponsor: 
____________
LONG TITLE
General Description:
This bill amends the Election Code in relation to a special election to fill a vacancy in
the office of United States representative.
Highlighted Provisions:
This bill:
▸ describes requirements and procedures relating to a special election to fill a vacancy
in the office of United States representative;
▸ establishes different requirements and procedures for a special election described in
this bill based on the nearness of the date of vacancy to the regular primary or
regular general election;
▸ grants authority to the governor to establish the deadlines, time frames, and
procedures relating to a special election described in this bill; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
20A-1-502
, as enacted by Laws of Utah 1993, Chapter 1
ENACTS:
20A-1-502.5
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
20A-1-502
 is amended to read:
20A-1-502.
Midterm vacancy in office of United States senator.
[
(1) When a vacancy occurs for any reason in the office of a representative in
Congress, the governor shall issue a proclamation calling an election to fill the vacancy.
]
[
(2) (a)
] 
(1)
 When a vacancy occurs in the office of [
U.S.
] 
United States
 senator, [
it
]
the vacancy
 shall be filled for the unexpired term at the next regular general election.
[
(b)
] 
(2)
 The governor shall appoint [
a person
] 
an individual
 to serve as [
U.S.
] 
United
States
 senator until the vacancy is filled by election from one of three [
persons
] 
individuals
nominated by the state central committee of the same political party as the prior officeholder.
Section 2. Section 
20A-1-502.5
 is enacted to read:
 20A-1-502.5.
Midterm vacancy in office of United States representative.
(1) (a) Except as provided in Subsection (2), when a vacancy occurs in the office of
United States representative, the governor shall, within seven days after the day on which the
vacancy occurs:
(i) issue a proclamation calling a special election to fill the vacancy; and
(ii) post the proclamation on the lieutenant governor's website.
(b) An individual who fills a vacancy under this section shall serve until the end of the
term for which the vacancy exists.
(2) If the vacancy occurs on or after the date of the regular general election, and before
January 1 of the year after the general election:
(a) the governor may not call a special election to fill the vacancy; and
(b) the office shall remain vacant for the remainder of the term.
(3) If the vacancy occurs 127 or fewer days before the day of the next regular general
election:
(a) the governor shall, in the proclamation described in Subsection (1)(a), set the date
of the election on the same date as the regular general election; and
(b) the same individual who wins the election for the term beginning on January 1 shall
fill the vacancy or, if the individual refuses to fill the vacancy, the office shall remain vacant
for the remainder of the term.
(4) If the vacancy occurs after the day of the regular primary election and more than
days before the next regular general election:
(a) the governor shall, in the proclamation described in Subsection (1)(a), set two
alternate special election dates to fill the vacancy, as follows:
(i) one date no sooner than 70 days after the date of the vacancy and no later than the
date of the regular general election; and
(ii) one date on the date of the regular general election; and
(b) (i) if, within three days after the day on which the governor issues the proclamation
described in Subsection (1)(a), all of the candidates who qualify for placement on the general
election ballot for the office of United States representative file a declaration of candidacy to
fill the vacancy:
(A) the special election to fill the vacancy shall be held on the date described in
Subsection (4)(a)(i);
(B) each candidate who qualifies for placement on the general election ballot for the
office of United States representative shall appear as a candidate on the special election ballot;
and
(C) the candidate who wins the special election shall fill the vacancy; or
(ii) if, within three days after the day on which the governor issues the proclamation
described in Subsection (1)(a), at least one of the candidates who qualifies for placement on the
general election ballot for the office of United States representative fails to file a declaration of
candidacy to run to fill the vacancy:
(A) the special election to fill the vacancy shall be held on the date described in
Subsection (4)(a)(ii); and
(B) the election shall be conducted in accordance with Subsection (5).
(5) If the vacancy occurs on or before the date of the regular primary election, and after
the beginning of a term for the office of United States representative, the governor shall, in the
proclamation described in Subsection (1)(a):
(a) set a special election date to fill the vacancy no sooner than 127 days after the date
of the vacancy and no later than 150 days after the date of the vacancy;
(b) permit an individual to qualify for placement on the special election ballot in the
same manner as an individual is permitted to qualify for placement on a primary election ballot,
except that:
(i) a primary election will not be held to fill the vacancy; and
(ii) the special election shall be the final election to fill the vacancy;
(c) establish the deadlines, time frames, and procedures for filing a declaration of
candidacy, filing a notice of intent to gather signatures, gathering and submitting signatures,
reporting campaign contributions and expenditures, giving notice of an election, and other
election requirements;
(d) permit an individual no less than 21 days to gather signatures after the first day on
which the individual may file a notice of intent to gather signatures;
(e) permit a registered political party no less than 30 days before the registered political
party is required to certify the name of a candidate for the registered political party;
(f) permit a write-in candidate to file a declaration of candidacy as a write-in candidate
no later than the deadline described in Subsection (5)(d);
(g) provide at least 14 days for an election officer to certify signatures; and
(h) require an election officer to send ballots to military and overseas voters no later
than 45 days before the date of the election.
Legislative Review Note
Office of Legislative Research and General Counsel