Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 16 (2018GS)

Sponsor

Rep. Arent, P.

Final action

Governor Signed 3/21/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• provides for the certification of a replacement candidate to fill a vacancy in the candidacy for certain local offices;
• removes a provision prohibiting a municipal candidate from withdrawing from an election less than 23 days before an election; and
• makes technical changes.

Every vote on this bill

Bill text

CANDIDATE REPLACEMENT AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Patrice M. Arent
Senate Sponsor: 
Margaret Dayton
LONG TITLE
General Description:
This bill addresses candidate vacancies for certain local offices.
Highlighted Provisions:
This bill:
▸ provides for the certification of a replacement candidate to fill a vacancy in the
candidacy for certain local offices;
▸ removes a provision prohibiting a municipal candidate from withdrawing from an
election less than 23 days before an election; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
20A-9-203
, as last amended by Laws of Utah 2017, Chapter 91
ENACTS:
20A-1-510.1
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
20A-1-510.1
 is enacted to read:
 20A-1-510.1.
Candidate vacancies in local office.
(1) A vacancy that occurs in a candidacy for an elected office in a local political
subdivision may be filled in accordance with the requirements of this section if:
(a) a nonpartisan primary election is held for the office;
(b) the vacancy occurs after the date of the primary election but before:
(i) for a county office, August 31; or
(ii) for all other offices, 65 days before the day of the applicable general election; and
(c) after the vacancy occurs, the number of remaining candidates for the office is less
than or equal to the number of open positions to be filled for that office in the applicable
general election.
(2) An election officer shall:
(a) fill a candidate vacancy described in Subsection (1) by certifying the next available
candidate for the office for the general election ballot who received the highest number of votes
in the primary election without receiving a sufficient number of votes to qualify for the general
election ballot; and
(b) immediately notify the candidate described in Subsection (2)(a) that the candidate
is certified for the general election ballot.
Section 2. Section 
20A-9-203
 is amended to read:
20A-9-203.
Declarations of candidacy -- Municipal general elections.
(1) An individual may become a candidate for any municipal office if:
(a) the individual is a registered voter; and
(b) (i) the individual has resided within the municipality in which the individual seeks
to hold elective office for the 12 consecutive months immediately before the date of the
election; or
(ii) the territory in which the individual resides was annexed into the municipality, the
individual has resided within the annexed territory or the municipality the 12 consecutive
months immediately before the date of the election.
(2) (a) For purposes of determining whether an individual meets the residency
requirement of Subsection (1)(b)(i) in a municipality that was incorporated less than 12 months
before the election, the municipality is considered to have been incorporated 12 months before
the date of the election.
(b) In addition to the requirements of Subsection (1), each candidate for a municipal
council position shall, if elected from a district, be a resident of the council district from which
the candidate is elected.
(c) In accordance with Utah Constitution, Article IV, Section 6, [
any mentally
incompetent person, any person convicted of a felony, or any person
] 
a mentally incompetent
individual, an individual convicted of a felony, or an individual
 convicted of treason or a crime
against the elective franchise may not hold office in this state until the right to hold elective
office is restored under Section 
20A-2-101.3
 or 
20A-2-101.5
.
(3) (a) An individual seeking to become a candidate for a municipal office shall,
regardless of the nomination method by which the individual is seeking to become a candidate:
(i) file a declaration of candidacy, in person with the city recorder or town clerk, during
the office hours described in Section 
10-3-301
 and not later than the close of those office
hours, between June 1 and June 7 of any odd-numbered year; and
(ii) pay the filing fee, if one is required by municipal ordinance.
(b) Any resident of a municipality may nominate a candidate for a municipal office by:
(i) filing a nomination petition with the city recorder or town clerk during the office
hours described in Section 
10-3-301
 and not later than the close of those office hours, between
June 1 and June 7 of any odd-numbered year; and
(ii) paying the filing fee, if one is required by municipal ordinance.
(4) (a) Before the filing officer may accept any declaration of candidacy or nomination
petition, the filing officer shall:
(i) read to the prospective candidate or individual filing the petition the constitutional
and statutory qualification requirements for the office that the candidate is seeking; and
(ii) require the candidate or individual filing the petition to state whether the candidate
meets those requirements.
(b) If the prospective candidate does not meet the qualification requirements for the
office, the filing officer may not accept the declaration of candidacy or nomination petition.
(c) If it appears that the prospective candidate meets the requirements of candidacy, the
filing officer shall:
(i) inform the candidate that the candidate's name will appear on the ballot as it is
written on the declaration of candidacy;
(ii) provide the candidate with a copy of the current campaign financial disclosure laws
for the office the candidate is seeking and inform the candidate that failure to comply will
result in disqualification as a candidate and removal of the candidate's name from the ballot;
(iii) provide the candidate with a copy of Section 
20A-7-801
 regarding the Statewide
Electronic Voter Information Website Program and inform the candidate of the submission
deadline under Subsection 
20A-7-801
(4)(a);
(iv) provide the candidate with a copy of the pledge of fair campaign practices
described under Section 
20A-9-206
 and inform the candidate that:
(A) signing the pledge is voluntary; and
(B) signed pledges shall be filed with the filing officer; and
(v) accept the declaration of candidacy or nomination petition.
(d) If the candidate elects to sign the pledge of fair campaign practices, the filing
officer shall:
(i) accept the candidate's pledge; and
(ii) if the candidate has filed for a partisan office, provide a certified copy of the
candidate's pledge to the chair of the county or state political party of which the candidate is a
member.
(5) Notwithstanding the requirement in Subsection (3)(a)(i) to file a declaration of
candidacy in person, an individual may designate an agent to file the form described in
Subsection (6) in person with the city recorder or town clerk if:
(a) the individual is located outside the state during the filing period because:
(i) of employment with the state or the United States; or
(ii) the individual 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 individual makes the declaration of candidacy described in Subsection (6) to an
individual qualified to administer an oath;
(c) the individual communicates with the city recorder or town clerk using an
electronic device that allows the individual and the city recorder or town clerk to see and hear
each other; and
(d) the individual provides the city recorder or town clerk with an email address to
which the filing officer may send the copies described in Subsection (4).
(6) (a) The declaration of candidacy shall substantially comply with the following
form:
"I, (print name) ____, being first sworn, say that I reside at ____ Street, City of ____,
County of ____, state of Utah, Zip Code ____, Telephone Number (if any) ____; that I am a
registered voter; and that I am a candidate for the office of ____ (stating the term). I will meet
the legal qualifications required of candidates for this office. 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. I
request that my name be printed upon the applicable official ballots. (Signed)
_______________
Subscribed and sworn to (or affirmed) before me by ____ on this
__________(month\day\year).
(Signed) _______________ (Clerk or other officer qualified to administer oath)".
(b) An agent designated to file a declaration of candidacy under Subsection (5) may not
sign the form described in Subsection (6)(a).
(7) (a) A registered voter may be nominated for municipal office by submitting a
petition signed, with a holographic signature, by:
(i) 25 residents of the municipality who are at least 18 years old; or
(ii) 20% of the residents of the municipality who are at least 18 years old.
(b) (i) The petition shall substantially conform to the following form:
"NOMINATION PETITION
The undersigned residents of (name of municipality) being 18 years old or older
nominate (name of nominee) to the office of ____ for the (two or four-year term, whichever is
applicable)."
(ii) The remainder of the petition shall contain lines and columns for the signatures of
individuals signing the petition and the individuals' addresses and telephone numbers.
(8) If the declaration of candidacy or nomination petition fails to state whether the
nomination is for the two-year or four-year term, the clerk shall consider the nomination to be
for the four-year term.
(9) (a) The clerk shall verify with the county clerk that all candidates are registered
voters.
(b) Any candidate who is not registered to vote is disqualified and the clerk may not
print the candidate's name on the ballot.
(10) Immediately after expiration of the period for filing a declaration of candidacy, the
clerk shall:
(a) cause the names of the candidates as they will appear on the ballot to be published:
(i) in at least two successive publications of a newspaper with general circulation in the
municipality; and
(ii) as required in Section 
45-1-101
; and
(b) notify the lieutenant governor of the names of the candidates as they will appear on
the ballot.
(11) [
A
] 
Except as provided in Subsection (12)(c), an individual may not amend a
declaration of candidacy or nomination petition filed under this section [
may not be amended
after the expiration of the period for filing a declaration of candidacy
] 
after the candidate filing
period ends
.
(12) (a) A declaration of candidacy or nomination petition [
filed
] 
that an individual
files
 under this section is valid unless 
a person files
 a written objection [
is filed
] with the clerk
within five days after the last day for filing.
(b) If [
an
] 
a person files an
 objection [
is made
], the clerk shall:
(i) mail or personally deliver notice of the objection to the affected candidate
immediately; and
(ii) decide any objection within 48 hours after the objection is filed.
(c) If the clerk sustains the objection, the candidate may
, within three days after the day
on which the clerk sustains the objection,
 correct the problem 
for which the objection is
sustained
 by amending the 
candidate's
 declaration 
of candidacy
 or 
nomination
 petition [
within
three days after the objection is sustained
]
,
 or by filing a new declaration [
within three days
after the objection is sustained
] 
of candidacy
.
(d) (i) The clerk's decision upon objections to form is final.
(ii) The clerk's decision upon substantive matters is reviewable by a district court if
prompt application is made to the district 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.
[
(13) An individual who files a declaration of candidacy and is nominated, and an
individual who is nominated by a nomination petition, may, any time up to 23 days before the
election, withdraw the nomination by filing a written affidavit with the clerk.
]
(13) A candidate who qualifies for the ballot under this section may withdraw as a
candidate by filing a written affidavit with the municipal clerk.