Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 436 (2018GS)

Sponsor

Rep. Daw, B.

Final action

House/ filed 3/8/2018

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• specifies that, when a political party is granted authority to nominate a candidate to fill a midterm vacancy, the appointment shall be made by the political party with which the prior officeholder affiliated when the prior officeholder was last appointed or elected to the office being vacated.

Every vote on this bill

Bill text

OFFICEHOLDER VACANCY AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Brad M. Daw
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill addresses a political party's authority to nominate a candidate to fill a midterm
vacancy.
Highlighted Provisions:
This bill:
▸ specifies that, when a political party is granted authority to nominate a candidate to
fill a midterm vacancy, the appointment shall be made by the political party with
which the prior officeholder affiliated when the prior officeholder was last
appointed or elected to the office being vacated.
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
20A-1-503
, as last amended by Laws of Utah 2011, Chapters 327 and 340
20A-1-504
, as last amended by Laws of Utah 2016, Chapter 28
20A-1-508
, as last amended by Laws of Utah 2017, Chapter 54
20A-1-509.1
, as last amended by Laws of Utah 2011, Chapters 297 and 327
20A-1-509.2
, as last amended by Laws of Utah 2013, Chapter 237
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 vacancies in office of United States representative or
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) When a vacancy occurs in the office of [
U.S. senator, it
] 
United States senator,
the vacancy
 shall be filled for the unexpired term at the next regular general election.
(b) The governor shall appoint a person 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
] 
with which
 the prior officeholder 
affiliated when
the prior officeholder was last elected or appointed to the office of United States senator
.
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
] 
with which
 the prior
representative 
affiliated when the prior representative was last elected or appointed to the office
of representative in the Legislature
.
(3) (a) Except as provided by Subsection (5), when a vacancy occurs for any reason in
the office of senator in the Legislature, [
it
] 
the vacancy
 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
] 
with which
 the prior senator 
affiliated when the prior senator was
last elected or appointed to the office of senator in the Legislature
.
(4) (a) 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
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
] 
with which
 the prior senator 
affiliated when the prior
senator was last elected or appointed to the office of senator in the Legislature
.
Section 3. Section 
20A-1-504
 is amended to read:
20A-1-504.
Midterm vacancies in the offices of attorney general, state treasurer,
state auditor, State Board of Education member, and lieutenant governor.
(1) (a) When a vacancy occurs for any reason in the office of attorney general, state
treasurer, state auditor, or State Board of Education member, the vacancy 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
appointing a person who meets the qualifications for the office from three persons nominated
by the state central committee of the [
same
] political party [
as
] 
with which
 the prior
officeholder 
affiliated when the prior officeholder was last elected or appointed to the office
being vacated
.
(2) If a vacancy occurs in the office of lieutenant governor, the governor shall, with the
consent of the Senate, appoint a person to hold the office until the next regular general election
at which the governor stands for election.
(3) For a State Board of Education member vacancy, if the individual who is being
replaced is not a member of a political party, or if the member was elected at or before the 2016
regular general election, the governor shall fill the vacancy, with the consent of the Senate, by
selecting an individual who meets the qualifications and residency requirements for filling the
vacancy described in Section 
20A-14-103
.
Section 4. Section 
20A-1-508
 is amended to read:
20A-1-508.
Midterm vacancies in county elected offices.
(1) As used in this section:
(a) (i) "County offices" includes the county executive, members of the county
legislative body, the county treasurer, the county sheriff, the county clerk, the county auditor,
the county recorder, the county surveyor, and the county assessor.
(ii) "County offices" does not mean the offices of president and vice president of the
United States, United States senators and representatives, members of the Utah Legislature,
state constitutional officers, county attorneys, district attorneys, and judges.
(b) "Party liaison" means the political party officer designated to serve as a liaison with
each county legislative body on all matters relating to the political party's relationship with a
county as required by Section 
20A-8-401
.
(2) (a) Until a replacement is selected as provided in this section and has qualified, the
county legislative body shall appoint an interim replacement to fill the vacant office by
following the procedures and requirements of this Subsection (2).
(b) (i) To appoint an interim replacement, the county legislative body shall give notice
of the vacancy to the party liaison of the [
same
] political party [
of
] 
with which
 the prior office
holder 
affiliated when the prior officeholder was last elected or appointed to the office being
vacated,
 and invite that party liaison to submit the name of a person to fill the vacancy.
(ii) That party liaison shall, within 30 days, submit the name of the person selected in
accordance with the party constitution or bylaws as described in Section 
20A-8-401
 for the
interim replacement to the county legislative body.
(iii) The county legislative body shall no later than five days after the day on which a
party liaison submits the name of the person for the interim replacement appoint the person to
serve out the unexpired term.
(c) (i) If the county legislative body fails to appoint an interim replacement to fill the
vacancy in accordance with Subsection (2)(b)(iii), the county clerk shall send to the governor a
letter that:
(A) informs the governor that the county legislative body has failed to appoint a
replacement within the statutory time period; and
(B) contains the name of the person to fill the vacancy submitted by the party liaison.
(ii) The governor shall appoint the person named by the party liaison as an interim
replacement to fill the vacancy within 30 days after receipt of the letter.
(d) A person appointed as interim replacement under this Subsection (2) shall hold
office until their successor is elected and has qualified.
(3) (a) The requirements of this Subsection (3) apply to all county offices that become
vacant if:
(i) the vacant office has an unexpired term of two years or more; and
(ii) the vacancy occurs after the election at which the person was elected but before
April 10 of the next even-numbered year.
(b) (i) When the conditions established in Subsection (3)(a) are met, the county clerk
shall notify the public and each registered political party that the vacancy exists.
(ii) An individual intending to become a candidate for the vacant office shall file a
declaration of candidacy in accordance with:
(A) Chapter 9, Part 2, Candidate Qualifications and Declarations of Candidacy; and
(B) for a county commission office, Subsection 
17-52-501
(6) or 
17-52-502
(6), if
applicable.
(iii) An individual who is nominated as a party candidate for the vacant office or
qualified as an independent or write-in candidate under Chapter 8, Political Party Formation
and Procedures, for the vacant office shall run in the regular general election.
(4) (a) The requirements of this Subsection (4) apply to all county offices that become
vacant if:
(i) the vacant office has an unexpired term of two years or more; and
(ii) the vacancy occurs after April 9 of the next even-numbered year but more than 75
days before the regular primary election.
(b) (i) When the conditions established in Subsection (4)(a) are met, the county clerk
shall notify the public and each registered political party that:
(A) the vacancy exists; and
(B) identifies the date and time by which a person interested in becoming a candidate
shall file a declaration of candidacy.
(ii) An individual intending to become a candidate for a vacant office shall, 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 in accordance with:
(A) Chapter 9, Part 2, Candidate Qualifications and Declarations of Candidacy; and
(B) for a county commission office, Subsection 
17-52-501
(6) or 
17-52-502
(6), if
applicable.
(iii) The county central committee of each party shall:
(A) select a candidate or candidates from among those qualified candidates who have
filed declarations of candidacy; and
(B) certify the name of the candidate or candidates to the county clerk at least 60 days
before the regular primary election.
(5) (a) The requirements of this Subsection (5) apply to all county offices that become
vacant:
(i) if the vacant office has an unexpired term of two years or more; and
(ii) when 75 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 (5)(a) are met, the county central
committees of each political party registered under this title that wishes 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.
(6) (a) The requirements of this Subsection (6) apply to all county offices that become
vacant:
(i) if the vacant office has an unexpired term of less than two years; or
(ii) if 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) (i) When the conditions established in Subsection (6)(a) are met, the county
legislative body shall give notice of the vacancy to the party liaison of the [
same
] political party
[
as
] 
with which
 the prior officeholder 
affiliated when the prior officeholder was last elected or
appointed to the office being vacated,
 and invite that party liaison to submit the name of a
person to fill the vacancy.
(ii) That party liaison shall, within 30 days, submit the name of the person to fill the
vacancy to the county legislative body.
(iii) The county legislative body shall no later than five days after the day on which a
party liaison submits the name of the person to fill the vacancy appoint the person to serve out
the unexpired term.
(c) (i) If the county legislative body fails to appoint a person to fill the vacancy in
accordance with Subsection (6)(b)(iii), the county clerk shall send to the governor a letter that:
(A) informs the governor that the county legislative body has failed to appoint a person
to fill the vacancy within the statutory time period; and
(B) contains the name of the person to fill the vacancy submitted by the party liaison.
(ii) The governor shall appoint the person named by the party liaison to fill the vacancy
within 30 days after receipt of the letter.
(d) A person appointed to fill the vacancy under this Subsection (6) shall hold office
until their successor is elected and has qualified.
(7) Except as otherwise provided by law, the county legislative body may appoint
replacements to fill all vacancies that occur in those offices filled by appointment of the county
legislative body.
(8) Nothing in this section prevents or prohibits independent candidates from filing a
declaration of candidacy for the office within the same time limits.
(9) (a) Each person elected under Subsection (3), (4), or (5) to fill a vacancy in a
county office shall serve for the remainder of the unexpired term of the person who created the
vacancy and until a successor is elected and qualified.
(b) Nothing in this section may be construed to contradict or alter the provisions of
Section 
17-16-6
.
Section 5. 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 the office of county
attorney or district attorney becomes vacant and:
(i) the vacant office has an unexpired term of two years or more; and
(ii) the vacancy occurs before the third Thursday in March of the 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 the office of county
attorney or district attorney becomes vacant and:
(i) the vacant office has an unexpired term of two years or more; and
(ii) the vacancy occurs after the third Thursday in March of the 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 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 the office of county
attorney or district attorney becomes vacant and:
(i) the vacant office has an unexpired term of two years or more; and
(ii) 75 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 the office of county
attorney or district attorney becomes vacant and:
(i) the vacant office has an unexpired term of less than two years; or
(ii) 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
] 
with which
 the prior [
officeholder
] 
county or district attorney affiliated when the
prior county or district attorney was last elected or appointed to the office of county or district
attorney,
 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 6. Section 
20A-1-509.2
 is amended to read:
20A-1-509.2.
Procedure for filling vacancy in county or district with fewer than
attorneys.
(1) When a vacancy occurs in the office of county or district attorney, including a
vacancy created by the failure of a person to file as a candidate for the office of county or
district attorney in an election, in a county or district having fewer than 15 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) The county clerk shall send a letter to each attorney residing in the county or district
who is a licensed, active member in good standing with the Utah State Bar and a registered
voter that:
(a) informs the attorney of the vacancy;
(b) invites the attorney to apply for the vacancy; and
(c) informs the attorney that if the attorney has not responded within 10 calendar days
from the date that the letter was mailed, the attorney's candidacy to fill the vacancy will not be
considered.
(3) (a) (i) If, after 10 calendar days from the date the letter was mailed, more than three
attorneys who are licensed, active members in good standing with the Utah State Bar and
registered voters in the county or district have applied for the vacancy, the county clerk shall,
except as provided in Subsection (3)(a)(ii), submit the applications to the county central
committee of the [
same
] political party [
of
] 
with which
 the prior [
officeholder
] 
county or
district attorney affiliated when the prior county or district attorney was last elected or
appointed to the office of county or district attorney
.
(ii) In multicounty prosecution districts, the clerk shall submit the applications to the
county central committee of each county within the prosecution district.
(b) The central committee shall nominate three of the applicants and forward the
applicants' names to the county legislative body within 20 days after the date the county clerk
submitted the applicants' names.
(c) The county legislative body shall appoint one of the nominees to fill the vacant
position.
(d) If the central committee of the political party fails to submit at least three names to
the county legislative body within 20 days after the date the county clerk submitted the
applicants' names, the county legislative body shall appoint one of the applicants to fill the
vacant position.
(e) If the county legislative body fails to appoint a person to fill the vacancy within 120
days after the vacancy occurs, the county clerk shall mail to the governor:
(i) a letter informing the governor that the county legislative body has failed to appoint
a person to fill the vacancy; and
(ii) (A) the list of nominees, if any, submitted by the central committee of the political
party; or
(B) if the party central committee has not submitted a list of at least three nominees
within the required time, the names of the persons who submitted applications for the vacant
position to the county clerk.
(f) The governor shall appoint, within 30 days after receipt of the letter, a person from
the list to fill the vacancy.
(4) (a) If, after 10 calendar days from the date the letter was mailed, three or fewer
attorneys who are licensed, active members in good standing with the Utah State Bar and
registered voters in the county or district have applied for the vacancy, the county legislative
body may:
(i) appoint one of them to be county or district attorney; or
(ii) solicit additional applicants and appoint a county or district attorney as provided in
Subsection (4)(b).
(b) (i) If three or fewer attorneys who are licensed members in good standing of the
Utah State Bar and registered voters in the county or district submit applications, the county
legislative body may publicly solicit and accept additional applications for the position from
licensed, active members in good standing of the Utah State Bar who are not residents of the
county or prosecution district.
(ii) The county legislative body shall consider the applications submitted by the
attorneys who are residents of and registered voters in the county or prosecution district and the
applications submitted by the attorneys who are not residents of the county or prosecution
district and shall appoint one of the applicants to be county attorney or district attorney.
(c) If the legislative body fails to appoint a person to fill the vacancy within 120 days
after the vacancy occurs, the county clerk shall:
(i) notify the governor that the legislative body has failed to fill the vacancy within the
required time period; and
(ii) provide the governor with a list of all the applicants.
(d) The governor shall appoint a person to fill the vacancy within 30 days after the
governor receives the notification.
(5) The person appointed to fill the vacancy shall serve for the unexpired term of the
person who created the vacancy.
Legislative Review Note
Office of Legislative Research and General Counsel