Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 214 First Substitute (2023GS)

Sponsor

Rep. Kyle, J

Final action

House/ filed 3/3/2023

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• provides that, for certain primary election races, if no candidate receives more than 50% of the votes in the race, the person who wins the nomination will be determined as follows:
• if the candidate who received the most votes in the race also received at least 60% of the delegate votes cast at convention, that candidate wins the nomination; or
• if the candidate who received the most votes in the race did not receive at least 60% of the delegate votes cast at convention, by conducting a runoff election between the two candidates who received the most votes in the initial primary election;
• describes deadlines, notice requirements, and procedures relating to a runoff election; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

PRIMARY ELECTION REVISIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jason Kyle
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill addresses primary elections.
Highlighted Provisions:
This bill:
▸ provides that, for certain primary election races, if no candidate receives more than
50% of the votes in the race, the person who wins the nomination will be
determined as follows:
• if the candidate who received the most votes in the race also received at least
60% of the delegate votes cast at convention, that candidate wins the
nomination; or
• if the candidate who received the most votes in the race did not receive at least
60% of the delegate votes cast at convention, by conducting a runoff election
between the two candidates who received the most votes in the initial primary
election;
▸ describes deadlines, notice requirements, and procedures relating to a runoff
election; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
20A-3a-601
, as last amended by Laws of Utah 2020, Chapter 95 and renumbered and
amended by Laws of Utah 2020, Chapter 31
20A-6-203
, as last amended by Laws of Utah 2020, Chapter 31
20A-9-403
, as last amended by Laws of Utah 2022, Chapter 325
ENACTS:
20A-9-409.1
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
20A-3a-601
 is amended to read:
20A-3a-601.
Early voting.
(1) Except as provided in 
Subsection 
20A-9-409.1
(4)(b) or
 Section 
20A-7-609.5
:
(a) an individual who is registered to vote may vote at a polling place before the
election date in accordance with this section; and
(b) except as provided in Subsection 
20A-2-207
(6), an individual who is not registered
to vote may register to vote and vote at a polling place before the election date in accordance
with this section if the individual:
(i) is otherwise legally entitled to vote the ballot; and
(ii) casts a provisional ballot in accordance with Section 
20A-2-207
.
(2) Except as provided in Section 
20A-1-308
 or Subsection (3), the early voting period:
(a) begins on the date that is 14 days before the date of the election; and
(b) continues through the Friday before the election if the election date is a Tuesday.
(3) (a) An election officer may extend the end of the early voting period to the day
before the election date if the election officer provides notice of the extension in accordance
with Section 
20A-3a-604
.
(b) For a municipal election, the municipal clerk may reduce the early voting period
described in this section if:
(i) the municipal clerk conducts early voting on at least four days;
(ii) the early voting days are within the period beginning on the date that is 14 days
before the date of the election and ending on the day before the election; and
(iii) the municipal clerk provides notice of the reduced early voting period in
accordance with Section 
20A-3a-604
.
(c) For a county election, the county clerk may reduce the early voting period described
in this section if:
(i) the county clerk conducts early voting on at least four days;
(ii) the early voting days are within the period beginning on the date that is 14 days
before the date of the election and ending on the day before the election; and
(iii) the county clerk provides notice of the reduced early voting period in accordance
with Section 
20A-3a-604
.
(4) Except as provided in Section 
20A-1-308
, during the early voting period, the
election officer:
(a) for a local special election, a municipal primary election, and a municipal general
election:
(i) shall conduct early voting on a minimum of four days during each week of the early
voting period; and
(ii) shall conduct early voting on the last day of the early voting period; and
(b) for all other elections:
(i) shall conduct early voting on each weekday; and
(ii) may elect to conduct early voting on a Saturday, Sunday, or holiday.
(5) Except as specifically provided in this Part 6, Early Voting, or Section 
20A-1-308
,
early voting shall be administered in accordance with the requirements of this title.
Section 2. Section 
20A-6-203
 is amended to read:
20A-6-203.
Ballots for regular primary elections.
(1) The lieutenant governor, together with county clerks, suppliers of election
materials, and representatives of registered political parties, shall:
(a) develop ballots to be used in Utah's regular primary election;
(b) 
except to the extent otherwise provided in Subsection 
20A-9-409.1
(6),
 ensure that
the ballots comply generally, where applicable, with the requirements of [
Title 20A, Chapter 6,
Part 1, General Requirements for All Ballots
] 
Part 1, General Requirements for All Ballots
, and
this section; and
(c) provide voting booths, election records and supplies, ballot boxes, and as
applicable, voting devices, for each voting precinct as required by Section 
20A-5-403
.
(2) (a) Notwithstanding the requirements of Subsections (1)(b) and (c), [
Title 20A,
Chapter 6, Part 1, General Requirements for All Ballots
] 
Part 1, General Requirements for All
Ballots
, and Sections 
20A-5-403
, 
20A-6-401
, and 
20A-6-401.1
, the lieutenant governor,
together with county clerks, suppliers of election materials, and representatives of registered
political parties shall ensure that the ballots, voting booths, election records and supplies, and
ballot boxes:
(i) facilitate the distribution, voting, and tallying of ballots in a primary where not all
voters are authorized to vote for a party's candidate;
(ii) simplify the task of poll workers, particularly in determining a voter's party
affiliation;
(iii) minimize the possibility of spoiled ballots due to voter confusion; and
(iv) protect against fraud.
(b) To accomplish the requirements of this Subsection (2), the lieutenant governor,
county clerks, suppliers of election materials, and representatives of registered political parties
shall:
(i) mark ballots as being for a particular registered political party; and
(ii) instruct individuals counting the ballots to count only those votes for candidates
from the registered political party whose ballot the voter received.
Section 3. Section 
20A-9-403
 is amended to read:
20A-9-403.
Regular primary elections -- Candidate nomination process for a
registered political party that is not a qualified political party -- Determining winning
nominee for any registered political party, including a qualified political party -- Election
expenses.
(1) 
(a) The candidate nomination process described in this Subsection (1) through
Subsection (4) applies to a registered political party that is not a qualified political party.
[
(a)
] 
(b)
 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
] 
described
 in this section 
and, as applicable, Section 
20A-9-409.1
. The
regular primary election is held on the date specified in Section 
20A-1-201.5
. 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)
] 
(c)
 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)
] 
(d)
 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)
] 
(e)
 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 nomination petition 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 signatures for a nomination petition
to the appropriate filing officer for verification and certification no later than 5 p.m. on the final
day in March.
(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) or 
20A-9-408
(8) 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) except as otherwise provided in Section 
20A-21-201
, verify signatures on
nomination petitions in a transparent and orderly manner, no later than 14 days after the day on
which a candidate submits the signatures to the filing officer;
(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 the deadline
described in Subsection 
20A-9-202
(1)(b);
(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) except as otherwise provided in Section 
20A-21-201
, 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, may 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) Before the deadline described in Subsection 
20A-9-409
(4)(c), 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 who, at the regular primary election, receives the highest number of
votes cast for the office sought by the candidate is:
(i) 
except as otherwise provided in Section 
20A-9-409.1
,
 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 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) 
Except as otherwise provided in Section 
20A-9-409.1
:
(a) [
When
] 
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[
.
]
; and
(b) [
When
] 
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 4. Section 
20A-9-409.1
 is enacted to read:
 20A-9-409.1.
Determining winner of certain primary election races where a
candidate does not receive a majority of the votes cast -- Runoff primary election for
certain races -- Election requirements and notice.
(1) In a regular primary election race for a qualified political party, the election officer
shall determine the winning nominee in accordance with Subsection (2) if:
(a) the race is to nominate a qualified political party candidate for United States
senator, United States representative, governor, attorney general, state treasurer, state auditor,
state senator, or state representative; and
(b) the candidate who receives the most votes in the initial primary election race does
not receive more than 50% of the votes in the race.
(2) To determine the winning nominee for a race described in Subsection (1), the
election officer shall:
(a) if the candidate who received the most votes in the race also received at least 60%
of the delegate votes cast at the convention to qualify for the primary election for that race,
declare that candidate the winning nominee; or
(b) if the candidate who received the most votes in the race did not receive at least 60%
of the delegate votes cast at the convention to qualify for the primary election for that race,
declare as the nominee for that race the candidate who wins the runoff election, described in
Subsection (4), between the two candidates who received the highest number of votes in the
initial primary race.
(3) (a) If a tie in the number of votes received in the initial primary election race makes
it impossible to determine, under Subsection (2)(a), the candidate who received the most votes
in the race, the tie shall be broken, by lot, in the presence of the tied candidates or
representatives of the tied candidates, by:
(i) the election officer; or
(ii) if the election officer is the lieutenant governor and the race is for governor, one of
the following, as designated by the lieutenant governor:
(A) the attorney general;
(B) the state treasurer; or
(C) the state auditor.
(b) If a tie in the number of votes received in the initial primary election race makes it
impossible to determine, under Subsection (2)(b), the two candidates who received the highest
number of votes in the initial primary race, the tie shall be broken, by lot, in the presence of the
tied candidates or representatives of the tied candidates, by the individual described in
Subsection (3)(a)(i) or (ii), as applicable.
(4) To conduct a runoff election described in Subsection (2)(b), the election officer
shall:
(a) 35 days after the day of the regular primary election, hold a runoff election between
the two candidates identified under Subsection (2)(b);
(b) conduct the election in accordance with Section 
20A-3a-202
, except that the
election officer may not provide early voting for the runoff election;
(c) provide notice of the runoff election by:
(i) (A) at least two days before the day of the election, publishing the notice in a
newspaper of general circulation in the jurisdiction to which the election pertains;
(B) at least two days before the day of the election, posting one copy of the notice, and
at least one additional copy per 2,000 population of the jurisdiction, in places within the
jurisdiction that are most likely to give notice of the election to the voters in the jurisdiction,
subject to a maximum of 10 notices; or
(C) at least five days before the day of the election, mailing the notice to each
registered voter who resides in the jurisdiction to which the election pertains;
(ii) for 14 days before the day of the election, posting the notice on the Utah Public
Notice Website, created in Section 
63A-16-601
; and
(iii) for 14 days before the day of the election, posting notice on the jurisdiction's
website;
(d) except as provided in Subsection (5), include in the notice described in Subsection
(4)(c):
(i) at the top of the notice, the following statement:
 "NOTICE OF RUNOFF ELECTION
 Notice is given that a runoff election will be held at the date and times indicated below
to nominate the candidate for the [name of registered political party] to run for [name of office]
in the upcoming regular general election. The candidates in the runoff election are:
 [list the names of the two candidates participating in the runoff election, in the same
order as the candidates will appear on the ballot]
 A voter who is eligible to vote in the primary election for the [insert the name of the
applicable political party] may cast a vote in the runoff election";
(ii) the hours during which the polls will be open;
(iii) the polling places for each voting precinct and election day voting center;
(iv) the address of the Statewide Electronic Voter Information Website and the election
officer's website, with a statement indicating that the election officer will post on the websites
any changes to the location of a polling place and the location of any additional polling place;
(v) a phone number that a voter may call to obtain information regarding the location
of a polling place; and
(vi) the qualifications for an individual to vote in the election; and
(e) no later than 14 days after the day of the election, declaring nominated by the
applicable party:
(i) the candidate who receives the highest number of votes in the runoff election; or
(ii) in the case of a tie, the candidate selected by lot, in the presence of the tied
candidates or representatives of the tied candidates, by the individual described in Subsection
(3).
(5) Instead of including the information described in Subsection (4)(d) in the notice
described in Subsection (4)(c), the election officer may include the following in the notice:
(a) the statement described in Subsection (4)(d)(i);
(b) the following statement: "The election will be held in [indicate the jurisdiction] on
[indicate date of election]. Information relating to the election, including polling places, polling
place hours, and qualifications of voters may be obtained from the following sources:"; and
(c) a list of the following sources where an individual may view or obtain the
information described in Subsections (4)(d)(ii) through (vi):
(i) the jurisdiction's website;
(ii) the physical address of the jurisdiction offices; and
(iii) a mailing address and telephone number.
(6) (a) In order to comply with Chapter 16, Uniform Military and Overseas Voters Act,
the election officer shall, when sending or providing a ballot under that chapter, provide the
ability to rank the candidates in a regular primary election race, in the order the voter prefers
the candidates, if the race may result in a runoff election under this section.
(b) To count a vote cast in a race described in Subsection (6)(a), where the voter
ranked at least two of the candidates, the election officer shall:
(i) initially, only count a vote for the candidate the voter ranked highest; and
(ii) if the race results in a runoff election under this section, count a vote in the runoff
election for the remaining candidate ranked highest by the voter.