Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 91 (2023GS)

Sponsor

Rep. Watkins, C.

Final action

House/ filed 3/3/2023

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• defines terms;
• amends the number of signatures required to seek the nomination of a qualified political party for certain state Senate, state House, and State Board of Education districts; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

ELECTION SIGNATURE REQUIREMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Christine F. Watkins
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill makes changes to the Election Code related to signature gathering
requirements for certain candidates seeking the nomination of a qualified political
party.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ amends the number of signatures required to seek the nomination of a qualified
political party for certain state Senate, state House, and State Board of Education
districts; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
20A-9-101
, as last amended by Laws of Utah 2022, Chapters 13, 325
20A-9-408
, as last amended by Laws of Utah 2022, Chapters 13, 325
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
20A-9-101
 is amended to read:
20A-9-101.
Definitions.
As used in this chapter:
(1) (a) "Candidates for elective office" means persons who file a declaration of
candidacy under Section 
20A-9-202
 to run in a regular general election for a federal office,
constitutional office, multicounty office, or county office.
(b) "Candidates for elective office" does not mean candidates for:
(i) justice or judge of court of record or not of record;
(ii) presidential elector;
(iii) any political party offices; and
(iv) municipal or local district offices.
(2) "Constitutional office" means the state offices of governor, lieutenant governor,
attorney general, state auditor, and state treasurer.
(3) "Continuing political party" means the same as that term is defined in Section
20A-8-101
.
(4) (a) "County office" means an elective office where the officeholder is selected by
voters entirely within one county.
(b) "County office" does not mean:
(i) the office of justice or judge of any court of record or not of record;
(ii) the office of presidential elector;
(iii) any political party offices;
(iv) any municipal or local district offices; and
(v) the office of United States Senator and United States Representative.
(5) "Dense district" means a state Senate district, state House district, or State Board of
Education district where, according to current United States census data, the number that is
equal to the district population living in a county of the first class, plus the district population
living in a county of the second class, plus the district population living in a county of the third
class, is greater than the number that is equal to the district population living in a county of the
fourth class, plus the district population living in a county of the fifth class, plus the district
population living in a county of the sixth class.
(6) "Dispersed district" means a state Senate district, state House district, or State
Board of Education district where, according to current United States census data, the number
that is equal to the district population living in a county of the fourth class, plus the district
population living in a county of the fifth class, plus the district population living in a county of
the sixth class, is greater than the number that is equal to the district population living in a
county of the first class, plus the district population living in a county of the second class, plus
the district population living in a county of the third class.
[
(5)
] 
(7)
 "Electronic candidate qualification process" means:
(a) as it relates to a registered political party that is not a qualified political party, the
process for gathering signatures electronically to seek the nomination of a registered political
party, described in:
(i) Section 
20A-9-403
;
(ii) Section 
20a-9-405
, except Subsections 
20A-9-405
(3) and (5); and
(iii) Section 
20A-21-201
; and
(b) as it relates to a qualified political party, the process, for gathering signatures
electronically to seek the nomination of a registered political party, described in:
(i) Section 
20A-9-405
, except Subsections 
20A-9-405
(3) and (5);
(ii) Section 
20A-9-408
; and
(iii) Section 
20A-21-201
.
[
(6)
] 
(8)
 "Federal office" means an elective office for United States Senator and United
States Representative.
[
(7)
] 
(9)
 "Filing officer" means:
(a) the lieutenant governor, for:
(i) the office of United States Senator and United States Representative; and
(ii) all constitutional offices;
(b) for the office of a state senator or state representative, the lieutenant governor or the
applicable clerk described in Subsection [
(7)
] 
(9)
(c) or (d);
(c) the county clerk, for county offices and local school district offices;
(d) the county clerk in the filer's county of residence, for multicounty offices;
(e) the city or town clerk, for municipal offices; or
(f) the local district clerk, for local district offices.
[
(8)
] 
(10)
 "Local district office" means an elected office in a local district.
[
(9)
] 
(11)
 "Local government office" includes county offices, municipal offices, and
local district offices and other elective offices selected by the voters from a political division
entirely within one county.
[
(10)
] 
(12)
 "Manual candidate qualification process" means the process for gathering
signatures to seek the nomination of a registered political party, using paper signature packets
that a signer physically signs.
[
(11)
] 
(13)
 (a) "Multicounty office" means an elective office where the officeholder is
selected by the voters from more than one county.
(b) "Multicounty office" does not mean:
(i) a county office;
(ii) a federal office;
(iii) the office of justice or judge of any court of record or not of record;
(iv) the office of presidential elector;
(v) any political party offices; or
(vi) any municipal or local district offices.
[
(12)
] 
(14)
 "Municipal office" means an elective office in a municipality.
[
(13)
] 
(15)
 (a) "Political division" means a geographic unit from which an officeholder
is elected and that an officeholder represents.
(b) "Political division" includes a county, a city, a town, a local district, a school
district, a legislative district, and a county prosecution district.
[
(14)
] 
(16)
 "Qualified political party" means a registered political party that:
(a) (i) permits a delegate for the registered political party to vote on a candidate
nomination in the registered political party's convention remotely; or
(ii) provides a procedure for designating an alternate delegate if a delegate is not
present at the registered political party's convention;
(b) does not hold the registered political party's convention before the fourth Saturday
in March of an even-numbered year;
(c) permits a member of the registered political party to seek the registered political
party's nomination for any elective office by the member choosing to seek the nomination by
either or both of the following methods:
(i) seeking the nomination through the registered political party's convention process,
in accordance with the provisions of Section 
20A-9-407
; or
(ii) seeking the nomination by collecting signatures, in accordance with the provisions
of Section 
20A-9-408
; and
(d) (i) if the registered political party is a continuing political party, no later than 5 p.m.
on the first Monday of October of an odd-numbered year, certifies to the lieutenant governor
that, for the election in the following year, the registered political party intends to nominate the
registered political party's candidates in accordance with the provisions of Section 
20A-9-406
;
or
(ii) if the registered political party is not a continuing political party, certifies at the
time that the registered political party files the petition described in Section 
20A-8-103
 that, for
the next election, the registered political party intends to nominate the registered political
party's candidates in accordance with the provisions of Section 
20A-9-406
.
[
(15)
] 
(17)
 "Signature," as it relates to a petition for a candidate to seek the nomination
of a registered political party, means:
(a) when using the manual candidate qualification process, a holographic signature
collected physically on a nomination petition described in Subsection 
20A-9-405
(3); or
(b) when using the electronic candidate qualification process:
(i) an electronic signature collected under Subsection 
20A-21-201
(6)(c)(ii)(A); or
(ii) a holographic signature collected electronically under Subsection
20A-21-201
(6)(c)(ii)(B).
Section 2. 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
(7)(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) during the declaration of candidacy filing period described in Section 
20A-9-201.5
,
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) except as provided in Subsection 
20A-9-202
(1)(c), file a declaration of candidacy,
in person, with the filing officer during the declaration of candidacy filing period described in
Section 
20A-9-201.5
; 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) during the declaration of candidacy filing period described in Section 
20A-9-201.5
,
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) except as provided in Subsection 
20A-9-202
(1)(c), file a declaration of candidacy,
in person, with the filing officer during the declaration of candidacy filing period described in
Section 
20A-9-201.5
; 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, during the declaration of
candidacy filing period described in Section 
20A-9-201.5
, 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 that complies
with Subsection 
20A-9-405
(3), during the period beginning on the day on which the member
files a notice of intent to gather signatures and ending at 5 p.m. 14 days before the day on
which the qualified political party's convention for the office is held, 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[
,
]
:
(A) if the Senate district is a dense district,
 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; 
or
(B) if the Senate district is a dispersed district, 1,500 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[
,
]
:
(A) if the House district is a dense district,
 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; 
or
(B) if the House district is a dispersed district, 500 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 
in a dense district
, 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 State Board of Education race in a dispersed district, the lesser of:
(A) 1,500 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)
] 
(vii)
 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) This Subsection (9) applies only to the manual candidate qualification process.
(b) 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, using the
manual candidate qualification process, 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 before 5 p.m. no later than 14 days
before the day on which the qualified political party holds the party's convention to select
candidates, for the elective office, for the qualified political party's nomination.
(c) Upon timely receipt of the signatures described in Subsections (8) and (9)(b), the
election officer shall, no later than the earlier of 14 days after the day on which the election
officer receives the signatures, or 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)(c)(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; and
(iv) certify whether each name is that of a registered voter who is qualified to sign the
signature packet.
(10) (a) This Subsection (10) applies only to the electronic candidate qualification
process.
(b) 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, before 5 p.m. no later than 14 days before the day on which the qualified political party
holds the party's convention to select candidates, for the elective office, for the qualified
political party's nomination, collect signatures electronically:
(i) in accordance with Section 
20A-21-201
; and
(ii) using progressive screens, in a format approved by the lieutenant governor, that
complies with Subsection 
20A-9-405
(4).
(c) Upon timely receipt of the signatures described in Subsections (8) and (9)(b), the
election officer shall, no later than the earlier of 14 days after the day on which the election
officer receives the signatures, or 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 to
determine whether each individual is a resident of Utah and is at least 18 years old; and
(ii) submit the name of each individual described in Subsection (10)(c)(i) who is not a
Utah resident or who is not at least 18 years old to the attorney general and the county attorney.
(11) (a) 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.
(b) 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
(11)(b)(i).
(c) Upon timely receipt of the signatures described in Subsections (8) and (9)(b), or
Subsections (8) and (10)(b), 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, 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.
(d) 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.