Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 344 (2018GS)

Sponsor

Rep. McCay, D.

Final action

House/ filed 3/8/2018

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• modifies a provision relating to a temporary appointment to fill a vacancy in the office of United States senator, pending a special election to fill the office;
• 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, consistent with the requirements of this bill, 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 CONGRESSIONAL ELECTION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Daniel McCay
Senate Sponsor: 
 Lincoln Fillmore
LONG TITLE
General Description:
This bill amends the Election Code in relation to a special election to fill a vacancy in
Congress.
Highlighted Provisions:
This bill:
▸ modifies a provision relating to a temporary appointment to fill a vacancy in the
office of United States senator, pending a special election to fill the office;
▸ 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, consistent with the requirements of this
bill, 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:
This bill provides a special effective date.
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, nominated by the state
political party of the prior officeholder,
 to serve as [
U.S.
] 
United States
 senator until the
vacancy is filled by election [
from one of three persons 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 congressional 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
current term for which the vacancy exists.
(2) If the vacancy occurs on or after the date of the regular general election, and before
the beginning of the term for the office of United States representative:
(a) the governor may not call a special congressional election to fill the vacancy; and
(b) the office shall remain vacant for the remainder of the current term.
(3) If the vacancy occurs 90 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 special congressional election on the same date as the regular general election; and
(b) the same candidate who wins the election for the term beginning on January 1 shall
fill the vacancy for the remainder of the current term or, if the candidate refuses to fill the
vacancy, the office shall remain vacant for the remainder of the current term.
(4) If the vacancy occurs on or after the day of the regular primary election and more
than 90 days before the next regular general election:
(a) the governor shall, in the proclamation described in Subsection (1)(a), set the date
of the special congressional election no sooner than 90 days after the date of the vacancy and
no later than the date of the regular general election;
(b) (i) a candidate who qualifies for placement on the regular general election ballot for
the office of United States representative shall appear as a candidate on the special
congressional election ballot if the candidate files a declaration of candidacy to fill the vacancy
within the later of three days after:
(A) the day on which the governor issues the proclamation described in Subsection
(1)(a); or
(B) the day of the canvass for the regular primary election; and
(ii) if a candidate described in Subsection (4)(b)(i) fails to timely file a declaration of
candidacy to fill the vacancy, the candidate shall be replaced on the special congressional
election ballot using the candidate vacancy procedures described in this part, within deadlines
established by the governor in the proclamation described in Subsection (1)(a); and
(c) the candidate who wins the special congressional election shall fill the vacancy for
the remainder of the current term.
(5) If the vacancy occurs 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 the date of the special congressional election to fill the vacancy no sooner than
days after the date of the vacancy and no later than 110 days after the date of the vacancy;
(b) state that the winner of the election:
(i) will be determined in a single election, without a primary election; and
(ii) will fill the vacancy for the remainder of the current term;
(c) permit each registered political party at least 30 days to select one candidate, in a
manner determined by the registered political party, as the only candidate for the registered
political party;
(d) consistent with the requirements of this section, establish the deadlines, time
frames, and procedures for filing a declaration of candidacy for a candidate described in
Subsection (5)(c), giving notice of an election, and other election requirements; and
(e) require an election officer to send ballots to military and overseas voters no later
than 45 days before the date of the special congressional election.
(6) If, for any reason, a candidate vacancy occurs in a special congressional election at
least one day before the day on which the lieutenant governor certifies the names to be included
on the special congressional election ballot, the registered political party of the candidate shall
certify a replacement candidate to the lieutenant governor before a deadline established by the
lieutenant governor.
Section 3. 
Effective date.
If approved by two-thirds of all the members elected to each house, this bill takes effect
upon approval by the governor, or the day following the constitutional time limit of Utah
Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
the date of veto override.
Legislative Review Note
Office of Legislative Research and General Counsel