Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 485 (2018GS)

Sponsor

Rep. McKell, M.

Final action

House/ filed 3/8/2018

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• modifies and makes the following deadlines, for a registered political party that is not a qualified political party, consistent with deadlines for a qualified political party:
• the deadline for filing a declaration of candidacy;
• the deadline for submitting signature sheets to secure a nomination; and
• the deadline for a filing officer to verify signatures and issue certifications;
• provides that, if a political party that certifies as a qualified political party:
• the political party may not change the political party's status as a qualified political party before the regular general election;
• the lieutenant governor shall administer the election in a manner that is consistent with the political party's status as a qualified political party; and
• may not take any action that interferes with the orderly process of the election or the duty of the lieutenant governor to administer the election in a manner that is consistent with the political party's status as a qualified political party;
• describes the duties of the lieutenant governor if a political party takes certain actions in violation of a provision of this bill; and
• removes an unnecessary provision of law relating to the duty of a registered political party.

Every vote on this bill

Bill text

ELECTIONS MODIFICATIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Michael K. McKell
Senate Sponsor: 
 Curtis S. Bramble
LONG TITLE
General Description:
This bill amends provisions of the Election Code. 
Highlighted Provisions:
This bill:
▸ modifies and makes the following deadlines, for a registered political party that is
not a qualified political party, consistent with deadlines for a qualified political
party:
• the deadline for filing a declaration of candidacy;
• the deadline for submitting signature sheets to secure a nomination; and
• the deadline for a filing officer to verify signatures and issue certifications;
▸ provides that, if a political party that certifies as a qualified political party:
• the political party may not change the political party's status as a qualified
political party before the regular general election;
• the lieutenant governor shall administer the election in a manner that is
consistent with the political party's status as a qualified political party; and
• may not take any action that interferes with the orderly process of the election or
the duty of the lieutenant governor to administer the election in a manner that is
consistent with the political party's status as a qualified political party;
▸ describes the duties of the lieutenant governor if a political party takes certain
actions in violation of a provision of this bill; and
▸ removes an unnecessary provision of law relating to the duty of a registered political
party. 
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
20A-9-202
, as last amended by Laws of Utah 2017, Chapter 63
20A-9-403
, as last amended by Laws of Utah 2017, Chapter 91
20A-9-408
, as last amended by Laws of Utah 2017, Chapter 91
20A-9-409
, as last amended by Laws of Utah 2017, Chapters 54 and 91
ENACTS:
20A-9-406.5
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
20A-9-202
 is amended to read:
20A-9-202.
Declarations of candidacy for regular general elections.
(1) (a) Each person seeking to become a candidate for an elective office that is to be
filled at the next regular general election shall:
(i) file a declaration of candidacy in person with the filing officer
:
(A)
 on or after January 1 of the regular general election year[
, and,
]
;
(B)
 if applicable, before the candidate circulates nomination petitions under Section
20A-9-405
; and
(C) before 5 p.m. on the third Thursday in March before the next regular general
election; and 
(ii) pay the filing fee.
(b) Each county clerk who receives a declaration of candidacy from a candidate for
multicounty office shall transmit the filing fee and a copy of the candidate's declaration of
candidacy to the lieutenant governor within one working day after it is filed.
(c) Each day during the filing period, each county clerk shall notify the lieutenant
governor electronically or by telephone of candidates who have filed in their office.
(d) Each person seeking the office of lieutenant governor, the office of district attorney,
or the office of president or vice president of the United States shall comply with the specific
declaration of candidacy requirements established by this section.
(2) (a) Each person intending to become a candidate for the office of district attorney
within a multicounty prosecution district that is to be filled at the next regular general election
shall:
(i) file a declaration of candidacy with the clerk designated in the interlocal agreement
creating the prosecution district on or after January 1 of the regular general election year, and
before the candidate circulates nomination petitions under Section 
20A-9-405
; and
(ii) pay the filing fee.
(b) The designated clerk shall provide to the county clerk of each county in the
prosecution district a certified copy of each declaration of candidacy filed for the office of
district attorney.
(3) (a) On or before 5 p.m. on the first Monday after the third Saturday in April, each
lieutenant governor candidate shall:
(i) file a declaration of candidacy with the lieutenant governor;
(ii) pay the filing fee; and
(iii) submit a letter from a candidate for governor who has received certification for the
primary-election ballot under Section 
20A-9-403
 that names the lieutenant governor candidate
as a joint-ticket running mate.
(b) Any candidate for lieutenant governor who fails to timely file is disqualified. If a
lieutenant governor is disqualified, another candidate shall file to replace the disqualified
candidate.
(4) On or before August 31, each registered political party shall:
(a) certify the names of its candidates for president and vice president of the United
States to the lieutenant governor; or
(b) provide written authorization for the lieutenant governor to accept the certification
of candidates for president and vice president of the United States from the national office of
the registered political party.
(5) (a) A declaration of candidacy filed under this section is valid unless a written
objection is filed with the clerk or lieutenant governor within five days after the last day for
filing.
(b) If an objection is made, the clerk or lieutenant governor shall:
(i) mail or personally deliver notice of the objection to the affected candidate
immediately; and
(ii) decide any objection within 48 hours after it is filed.
(c) If the clerk or lieutenant governor sustains the objection, the candidate may cure the
problem by amending the declaration or petition within three days after the objection is
sustained or by filing a new declaration within three days after the objection is sustained.
(d) (i) The clerk's or lieutenant governor's decision upon objections to form is final.
(ii) The clerk's or lieutenant governor's decision upon substantive matters is reviewable
by a district court if prompt application is made to the 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.
(6) Any person who filed a declaration of candidacy may withdraw as a candidate by
filing a written affidavit with the clerk.
(7) Except as provided in Subsection 
20A-9-201
(4)(b), notwithstanding a requirement
in this section to file a declaration of candidacy in person, a person may designate an agent to
file the form described in Subsection 
20A-9-201
(4) in person with the filing officer if:
(a) the person is located outside the state during the filing period because:
(i) of employment with the state or the United States; or
(ii) the person 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 person communicates with the filing officer using an electronic device that
allows the person and filing officer to see and hear each other; and
(c) the person provides the filing officer with an email address to which the filing
officer may send the copies described in Subsection 
20A-9-201
(3).
(8) (a) Except for a candidate who is certified by a registered political party under
Subsection (4), and except as provided in Section 
20A-9-504
, on or before August 31 of a
general election year, each individual running as a candidate for vice president of the United
States shall:
(i) file a declaration of candidacy, in person or via designated agent, on a form
developed by the lieutenant governor, that:
(A) contains the individual's name, address, and telephone number;
(B) states that the individual meets the qualifications for the office of vice president of
the United States;
(C) names the presidential candidate, who has qualified for the general election ballot,
with which the individual is running as a joint-ticket running mate;
(D) states that the individual agrees to be the running mate of the presidential candidate
described in Subsection (8)(a)(i)(C); and
(E) contains any other necessary information identified by the lieutenant governor;
(ii) pay the filing fee, if applicable; and
(iii) submit a letter from the presidential candidate described in Subsection (8)(a)(i)(C)
that names the individual as a joint-ticket running mate as a vice presidential candidate.
(b) A designated agent described in Subsection (8)(a)(i) may not sign the declaration of
candidacy.
(c) A vice presidential candidate who fails to meet the requirements described in this
Subsection (8) may not appear on the general election ballot.
Section 2. Section 
20A-9-403
 is amended to read:
20A-9-403.
Regular primary elections.
(1) (a) Candidates for elective office that are to be filled at the next regular general
election shall be nominated in a regular primary election by direct vote of the people in the
manner prescribed in this section. The fourth Tuesday of June of each even-numbered year is
designated as regular primary election day. Nothing in this section shall affect a candidate's
ability to qualify for a regular general election's ballot as an unaffiliated candidate under
Section 
20A-9-501
 or to participate in a regular general election as a write-in candidate under
Section 
20A-9-601
.
[
(b) Each registered political party that chooses to have the names of the registered
political party's candidates for elective office featured with party affiliation on the ballot at a
regular general election shall comply with the requirements of this section and shall nominate
the registered political party's candidates for elective office in the manner described in this
section.
]
[
(c)
] 
(b)
 A filing officer may not permit an official ballot at a regular general election
to be produced or used if the ballot denotes affiliation between a registered political party or
any other political group and a candidate for elective office who is not nominated in the manner
prescribed in this section or in Subsection 
20A-9-202
(4).
[
(d)
] 
(c)
 Unless noted otherwise, the dates in this section refer to those that occur in
each even-numbered year in which a regular general election will be held.
(2) (a) Each registered political party, in a statement filed with the lieutenant governor,
shall:
(i) either declare the registered political party's intent to participate in the next regular
primary election or declare that the registered political party chooses not to have the names of
the registered political party's candidates for elective office featured on the ballot at the next
regular general election; and
(ii) if the registered political party participates in the upcoming regular primary
election, identify one or more registered political parties whose members may vote for the
registered political party's candidates and whether individuals identified as unaffiliated with a
political party may vote for the registered political party's candidates.
(b) (i) A registered political party that is a continuing political party shall file the
statement described in Subsection (2)(a) with the lieutenant governor no later than 5 p.m. on
November 30 of each odd-numbered year.
(ii) An organization that is seeking to become a registered political party under Section
20A-8-103
 shall file the statement described in Subsection (2)(a) at the time that the registered
political party files the petition described in Section 
20A-8-103
.
(3) (a) Except as provided in Subsection (3)(e), an individual who submits a
declaration of candidacy under Section 
20A-9-202
 shall appear as a candidate for elective
office on the regular primary ballot of the registered political party listed on the declaration of
candidacy only if the individual is certified by the appropriate filing officer as having submitted
a set of nomination petitions that was:
(i) circulated and completed in accordance with Section 
20A-9-405
; and
(ii) signed by at least 2% of the registered political party's members who reside in the
political division of the office that the individual seeks.
(b) (i) A candidate for elective office shall submit nomination petitions to the
appropriate filing officer for verification and certification no later than 5 p.m. on the [
final day
in March
] 
 second Friday in April 
.
(ii) A candidate may supplement the candidate's submissions at any time on or before
the filing deadline.
(c) (i) The lieutenant governor shall determine for each elective office the total number
of signatures that must be submitted under Subsection (3)(a)(ii) by counting the aggregate
number of individuals residing in each elective office's political division who have designated a
particular registered political party on the individuals' voter registration forms on or before
November 15 of each odd-numbered year.
(ii) The lieutenant governor shall publish the determination for each elective office no
later than November 30 of each odd-numbered year.
(d) The filing officer shall:
(i) verify signatures on nomination petitions in a transparent and orderly manner;
(ii) for all qualifying candidates for elective office who submit nomination petitions to
the filing officer, issue certifications referenced in Subsection (3)(a) no later than 5 p.m. on the
[
first Monday after the third Saturday
] 
fourth Friday
 in April;
(iii) consider active and inactive voters eligible to sign nomination petitions;
(iv) consider an individual who signs a nomination petition a member of a registered
political party for purposes of Subsection (3)(a)(ii) if the individual has designated that
registered political party as the individual's party membership on the individual's voter
registration form; and
(v) utilize procedures described in Section 
20A-7-206.3
 to verify submitted nomination
petition signatures, or use statistical sampling procedures to verify submitted nomination
petition signatures in accordance with rules made under Subsection (3)(f).
(e) Notwithstanding any other provision in this Subsection (3), a candidate for
lieutenant governor may appear on the regular primary ballot of a registered political party
without submitting nomination petitions if the candidate files a declaration of candidacy and
complies with Subsection 
20A-9-202
(3).
(f) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
director of elections, within the Office of the Lieutenant Governor, shall make rules that:
(i) provide for the use of statistical sampling procedures that:
(A) filing officers are required to use to verify signatures under Subsection (3)(d); and
(B) reflect a bona fide effort to determine the validity of a candidate's entire
submission, using widely recognized statistical sampling techniques; and
(ii) provide for the transparent, orderly, and timely submission, verification, and
certification of nomination petition signatures.
(g) The county clerk shall:
(i) review the declarations of candidacy filed by candidates for local boards of
education to determine if more than two candidates have filed for the same seat;
(ii) place the names of all candidates who have filed a declaration of candidacy for a
local board of education seat on the nonpartisan section of the ballot if more than two
candidates have filed for the same seat; and
(iii) determine the order of the local board of education candidates' names on the ballot
in accordance with Section 
20A-6-305
.
(4) (a) [
By 5 p.m. on
] 
On
 the first [
Wednesday
] 
Monday
 after the [
third
] 
fourth
Saturday in April, the lieutenant governor shall provide to the county clerks:
(i) a list of the names of all candidates for federal, constitutional, multi-county, single
county, and county offices who have received certifications under Subsection (3), along with
instructions on how those names shall appear on the primary election ballot in accordance with
Section 
20A-6-305
; and
(ii) a list of unopposed candidates for elective office who have been nominated by a
registered political party under Subsection (5)(c) and instruct the county clerks to exclude the
unopposed candidates from the primary election ballot.
(b) A candidate for lieutenant governor and a candidate for governor campaigning as
joint-ticket running mates shall appear jointly on the primary election ballot.
(c) After the county clerk receives the certified list from the lieutenant governor under
Subsection (4)(a), the county clerk shall post or publish a primary election notice in
substantially the following form:
"Notice is given that a primary election will be held Tuesday, June ____,
________(year), to nominate party candidates for the parties and candidates for nonpartisan
local school board positions listed on the primary ballot. The polling place for voting precinct
____ is ____. The polls will open at 7 a.m. and continue open until 8 p.m. of the same day. 
Attest: county clerk."
(5) (a) A candidate, other than a presidential candidate, who, at the regular primary
election, receives the highest number of votes cast for the office sought by the candidate is:
(i) nominated for that office by the candidate's registered political party; or
(ii) for a nonpartisan local school board position, nominated for that office.
(b) If two or more candidates, other than presidential candidates, are to be elected to
the office at the regular general election, those party candidates equal in number to positions to
be filled who receive the highest number of votes at the regular primary election are the
nominees of the candidates' party for those positions.
(c) (i) As used in this Subsection (5)(c), a candidate is "unopposed" if:
(A) no individual other than the candidate receives a certification under Subsection (3)
for the regular primary election ballot of the candidate's registered political party for a
particular elective office; or
(B) for an office where more than one individual is to be elected or nominated, the
number of candidates who receive certification under Subsection (3) for the regular primary
election of the candidate's registered political party does not exceed the total number of
candidates to be elected or nominated for that office.
(ii) A candidate who is unopposed for an elective office in the regular primary election
of a registered political party is nominated by the party for that office without appearing on the
primary election ballot.
(6) (a) When a tie vote occurs in any primary election for any national, state, or other
office that represents more than one county, the governor, lieutenant governor, and attorney
general shall, at a public meeting called by the governor and in the presence of the candidates
involved, select the nominee by lot cast in whatever manner the governor determines.
(b) When a tie vote occurs in any primary election for any county office, the district
court judges of the district in which the county is located shall, at a public meeting called by
the judges and in the presence of the candidates involved, select the nominee by lot cast in
whatever manner the judges determine.
(7) The expense of providing all ballots, blanks, or other supplies to be used at any
primary election provided for by this section, and all expenses necessarily incurred in the
preparation for or the conduct of that primary election shall be paid out of the treasury of the
county or state, in the same manner as for the regular general elections.
(8) An individual may not file a declaration of candidacy for a registered political party
of which the individual is not a member, except to the extent that the registered political party
permits otherwise under the registered political party's bylaws.
Section 3. Section 
20A-9-406.5
 is enacted to read:
 20A-9-406.5.
Candidate status of political party not in compliance -- Interference
with qualified political party election process prohibited.
(1) As used in this section, "valid candidate" means a candidate who lawfully files a
declaration of candidacy to seek nomination to run for office as a member of a political party
that certifies as a qualified political party under Subsection 
20A-9-101
(12)(d).
(2) If a political party provides the certification described in Subsection
20A-9-101
(12)(d):
(a) the political party may not change the political party's status as a qualified political
party before the regular general election that follows the certification;
(b) the lieutenant governor shall, with respect to the political party, administer the
election to which the declaration relates in a manner consistent with the political party's status
as a qualified political party; and
(c) the political party may not take any action that interferes with the orderly process of
the election, or the duty of the lieutenant governor to administer the election in accordance with
Subsection (2)(b), including:
(i) taking or threatening to take an action against a valid candidate for seeking or
intending to seek nomination by gathering signatures under Section 
20A-9-408
; or
(ii) because a valid candidate seeks or intends to seek nomination by gathering
signatures under Section 
20A-9-408
, seeking to prevent the placement of the valid candidate on
the primary election ballot as a potential nominee of the political party, or on the general
election ballot as the political party's nominee, in any manner, including by:
(A) revoking the valid candidate's status as a member of the political party; or
(B) refusing to allow the valid candidate to participate in the political party's
convention nominating process.
(3) Subsection (2)(c)(ii) does not prohibit a political party from controlling the political
party's membership or internal processes, but prohibits the political party from taking an action
described in Subsection (2)(c)(ii) as a means of violating Subsection (2)(a) or (c), interfering
with the orderly process of the election or the lieutenant governor's duties under Subsection
(2)(b), or acting in a manner contrary to the political party's voluntary certification under
Subsection 
20A-9-101
(12)(d).
(4) (a) If a political party revokes a valid candidate's status as a member of the political
party in violation of Subsection (2)(c)(ii)(A), the lieutenant governor shall:
(i) if the valid candidate otherwise qualifies under this chapter for placement on the
primary election ballot, place the valid candidate on the primary election ballot as a candidate
for nomination by the political party; and
(ii) if the valid candidate otherwise qualifies under this chapter for placement on the
general election ballot, place the valid candidate on the general election ballot as the political
party's nominee.
(b) If a qualified political party refuses to allow a valid candidate to participate in the
political party's convention nominating process, in violation of Subsection (2)(c)(ii)(B), the
lieutenant governor shall certify the candidate for the primary election ballot as a candidate for
nomination by the political party.
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 
at 5 p.m.
 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, on or before 5 p.m. on the
first Monday after the third Saturday in April, file a declaration of candidacy and 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 [
days before the day on
which the qualified political party's convention for the office is held
] 
 at 5 p.m. on the second
Friday in April 
, 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.
Section 5. Section 
20A-9-409
 is amended to read:
20A-9-409.
Primary election provisions relating to qualified political party.
(1) The fourth Tuesday of June of each even-numbered year is designated as a regular
primary election day.
(2) (a) A qualified political party that nominates one or more candidates for an elective
office under Section 
20A-9-407
 and does not have a candidate qualify as a candidate for that
office under Section 
20A-9-408
, may, but is not required to, participate in the primary election
for that office.
(b) A qualified political party that has only one candidate qualify as a candidate for an
elective office under Section 
20A-9-408
 and does not nominate a candidate for that office
under Section 
20A-9-407
, may, but is not required to, participate in the primary election for
that office.
(c) A qualified political party that nominates one or more candidates for an elective
office under Section 
20A-9-407
 and has one or more candidates qualify as a candidate for that
office under Section 
20A-9-408
 shall participate in the primary election for that office.
(d) A qualified political party that has two or more candidates qualify as candidates for
an elective office under Section 
20A-9-408
 and does not nominate a candidate for that office
under Section 
20A-9-407
 shall participate in the primary election for that office.
(3) Notwithstanding Subsection (2), in an opt-in county, as defined in Section
17-52-501
 or Section 
17-52-502
, a qualified political party shall participate in the primary
election for a county commission office if:
(a) there is more than one:
(i) open position as defined in Section 
17-52-501
; or
(ii) midterm vacancy as defined in Section 
17-52-501
; and
(b) the number of candidates nominated under Section 
20A-9-407
 or qualified under
Section 
20A-9-408
 for the respective open positions or midterm vacancies exceeds the number
of respective open positions or midterm vacancies.
(4) (a) As used in this Subsection (4), a candidate is "unopposed" if:
(i) no individual other than the candidate receives a certification, from the appropriate
filing officer, for the regular primary election ballot of the candidate's registered political party
for a particular elective office; or
(ii) for an office where more than one individual is to be elected or nominated, the
number of candidates who receive certification, from the appropriate filing officer, for the
regular primary election of the candidate's registered political party does not exceed the total
number of candidates to be elected or nominated for that office.
(b) [
By 5 p.m. on
] 
On
 the first [
Wednesday
] 
Monday
 after the [
third
] 
fourth
 Saturday
in April, the lieutenant governor shall:
(i) provide to the county clerks:
(A) a list of the names of all candidates for federal, constitutional, multi-county, single
county, and county offices who have received certifications from the appropriate filing officer,
along with instructions on how those names shall appear on the primary election ballot in
accordance with Section 
20A-6-305
; and
(B) a list of unopposed candidates for elective office who have been nominated by a
registered political party; and
(ii) instruct the county clerks to exclude unopposed candidates from the primary
election ballot.
Section 6. 
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