Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 393 Second Substitute (2023GS)

Sponsor

Rep. Teuscher, J.

Final action

House/ filed 3/3/2023

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• requires a qualified political party to report the results of a nominating convention to the lieutenant governor;
• provides that a qualified political party may opt-in to a nomination method where a candidate that receives 70% or more of the votes for an elective office at a nominating convention automatically eliminates a candidate nominated for that office through the signature-gathering process;
• provides that, under the nomination method described above, a candidate receiving 70% or more of the votes at a nominating convention is not required to participate in the primary election in certain circumstances; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

PRIMARY BALLOT REQUIREMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jordan D. Teuscher
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill addresses the nomination for an elective office of a member of a qualified
political party.
Highlighted Provisions:
This bill:
▸ requires a qualified political party to report the results of a nominating convention
to the lieutenant governor;
▸ provides that a qualified political party may opt-in to a nomination method where a
candidate that receives 70% or more of the votes for an elective office at a
nominating convention automatically eliminates a candidate nominated for that
office through the signature-gathering process;
▸ provides that, under the nomination method described above, a candidate receiving
70% or more of the votes at a nominating convention is not required to participate
in the primary election in certain circumstances; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
20A-1-502
, as last amended by Laws of Utah 2020, Chapter 13
20A-1-502.5
, as enacted by Laws of Utah 2020, Chapter 13
20A-9-101
, as last amended by Laws of Utah 2022, Chapters 13, 325
20A-9-406
, as last amended by Laws of Utah 2022, Chapter 13
20A-9-407
, as last amended by Laws of Utah 2022, Chapter 13
20A-9-408
, as last amended by Laws of Utah 2022, Chapters 13, 325
20A-9-409
, as last amended by Laws of Utah 2021, Second Special Session, Chapter 6
ENACTS:
20A-9-408.7
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
20A-1-502
 is amended to read:
20A-1-502.
Midterm vacancy in office of United States senator.
(1) Except as provided in Subsections (2) and (3), when a vacancy occurs in the office
of United States senator, the governor shall, within seven days after the day on which the
vacancy occurs, issue a proclamation calling a special congressional election to fill the vacancy
that:
(a) sets a date for a primary congressional special election, and a later date for a general
congressional special election, on the same day as one of the following elections:
(i) a municipal general election;
(ii) a presidential primary election;
(iii) a regular primary election; or
(iv) a regular general election;
(b) sets the date of the primary congressional special election on the same day as the
next election described in Subsections (1)(a)(i) through (iv) that is more than 90 days after the
day on which the governor issues the proclamation;
(c) sets the date of the general special congressional election on the same day as the
next election described in Subsection (1)(a) that is more than 90 days after the primary special
congressional election described in Subsection (1)(b);
(d) provides each registered political party that is not a qualified political party at least
21 days, but no more than 28 days, to select one candidate, in a manner determined by the
registered political party, as a candidate for the registered political party;
(e) 
subject to Section 
20A-9-408.7
, if applicable,
 for each qualified political party,
provides at least 21 days, but no more than 28 days:
(i) for the qualified political party to select one candidate, using the convention process
described in Section 
20A-9-407
, as a candidate for the qualified political party; and
(ii) for a member of the qualified political party to submit signatures to qualify as a
candidate for the qualified political party using the signature-gathering process described in
Section 
20A-9-408
;
(f) consistent with the requirements of this section, establishes the deadlines, time
frames, and procedures for filing a declaration of candidacy, giving notice of an election, and
other election requirements; and
(g) requires an election officer to comply with the requirements of Chapter 16,
Uniform Military and Overseas Voters Act.
(2) (a) The governor may set a date for a primary special congressional election or a
general special congressional election on a date other than a date described in Subsection (1)(a)
if:
(i) on the same day on which the governor issues the proclamation described in
Subsection (1) the governor calls a special session for the Legislature to appropriate money to
hold the election on a different day; or
(ii) if the governor issues the proclamation described in Subsection (1) on or after
January 1, but before the end of the general session of the Legislature, and requests in the
proclamation described in Subsection (1) that the Legislature appropriate money to hold the
election on a different day.
(b) If the Legislature does not, under Subsection (2)(a), appropriate money to hold the
election on a different day, the proclamation described in Subsection (1) is void and the
governor shall, within seven days after the day on which the Legislature declines to appropriate
money to hold the election on a different day, issue a proclamation, in accordance with
Subsection (1), that sets the special congressional primary and general elections on dates
described in Subsections (1)(a)(i) through (iv).
(3) A special congressional election to fill a vacancy in the office of United States
senator will not be held if:
(a) the next regular general election that occurs after the day on which the vacancy
occurs is the regular general election that occurs immediately before the six-year term for the
senate office ends; and
(b) the vacancy occurs after August 1 of the year before the regular general election
described in Subsection (3)(a).
(4) (a) The governor shall appoint an individual to temporarily fill a vacancy in the
office of United States senator from one of three individuals nominated by the Legislature,
each of whom is a member of the political party of which the prior officeholder was a member
at the time the prior officeholder was elected.
(b) The individual appointed under Subsection (4)(a) shall serve as United States
senator until the earlier of the day on which:
(i) the vacancy is filled by election under Subsection (1) or (2); or
(ii) the six-year term for the senate office ends.
(5) An individual elected to fill a vacancy under this section shall serve until the end of
the current term in which the vacancy filled by the election occurs.
(6) A vacancy in the office of United States senator does not occur unless the senator:
(a) has left the office; or
(b) submits an irrevocable letter of resignation to the governor or to the president of the
United States Senate.
Section 2. Section 
20A-1-502.5
 is amended to read:
20A-1-502.5.
Midterm vacancy in office of United States representative.
(1) Except as provided in Subsections (2) and (4), when a vacancy occurs in the office
of United States representative, the governor shall, within seven days after the day on which the
vacancy occurs, issue a proclamation calling a special congressional election to fill the vacancy
that:
(a) sets a date for a primary congressional special election, and a later date for a general
congressional special election, on the same day as one of the following elections:
(i) a municipal general election;
(ii) a presidential primary election;
(iii) a regular primary election; or
(iv) a regular general election;
(b) sets the date of the primary congressional special election on the same day as the
next election described in Subsections (1)(a)(i) through (iv) that is more than 90 days after the
day on which the governor issues the proclamation;
(c) sets the date of the general special congressional election on the same day as the
next election described in Subsection (1)(a) that is more than 90 days after the primary special
congressional election described in Subsection (1)(b);
(d) provides each registered political party that is not a qualified political party at least
21 days, but no more than 28 days, to select one candidate, in a manner determined by the
registered political party, as a candidate for the registered political party;
(e) 
subject to Section 
20A-9-408.7
, if applicable,
 for each qualified political party,
provides at least 21 days, but no more than 28 days:
(i) for the qualified political party to select one candidate, using the convention process
described in Section 
20A-9-407
, as a candidate for the qualified political party; and
(ii) for a member of the qualified political party to submit signatures to qualify as a
candidate for the qualified political party using the signature-gathering process described in
Section 
20A-9-408
;
(f) consistent with the requirements of this section, establishes the deadlines, time
frames, and procedures for filing a declaration of candidacy, giving notice of an election, and
other election requirements; and
(g) requires an election officer to comply with the requirements of Chapter 16,
Uniform Military and Overseas Voters Act.
(2) The governor may set a date for a primary special congressional election or a
general special congressional election on a date other than a date described in Subsection (1)(a)
if:
(a) on the same day on which the governor issues the proclamation described in
Subsection (1) the governor calls a special session for the Legislature to appropriate money to
hold the election on a different day; or
(b) if the governor issues the proclamation described in Subsection (1) on or after
January 1, but before the end of the general session of the Legislature, and requests in the
proclamation described in Subsection (1) that the Legislature appropriate money to hold the
election on a different day.
(3) If the Legislature does not, under Subsection (2), appropriate money to hold the
election on a different day, the proclamation described in Subsection (1) is void and the
governor shall, within seven days after the day on which the Legislature declines to appropriate
money to hold the election on a different day, issue a proclamation, in accordance with
Subsection (1), that sets the special congressional primary and general elections on dates
described in Subsections (1)(a)(i) through (iv).
(4) A special congressional election to fill a vacancy in the office of United States
representative will not be held if the vacancy occurs fewer than 180 days before the next
regular general election.
(5) An individual who fills a vacancy under this section shall serve until the end of the
current term in which the vacancy occurs.
(6) A vacancy in the office of United States representative does not occur unless the
representative:
(a) has left the office; or
(b) submits an irrevocable letter of resignation to the governor or to the speaker of the
United States House of Representatives.
Section 3. 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) "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) "Federal office" means an elective office for United States Senator and United
States Representative.
(7) "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)(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) "Local district office" means an elected office in a local district.
(9) "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) "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) (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) "Municipal office" means an elective office in a municipality.
(13) (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) "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) 
subject to 
20A-9-408.7
, if applicable,
 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) "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 4. Section 
20A-9-406
 is amended to read:
20A-9-406.
Qualified political party -- Requirements and exemptions.
The following provisions apply to a qualified political party:
(1) the qualified political party shall, no later than 5 p.m. on the first Monday of
October of each odd-numbered year, certify to the lieutenant governor the identity of one or
more registered political parties whose members may vote for the qualified political party's
candidates and whether unaffiliated voters may vote for the qualified political party's
candidates;
(2) the following provisions do not apply to a nomination for the qualified political
party:
(a) Subsections 
20A-9-403
(1) through (3)(b) and (3)(d) through (4)(a);
(b) Subsection 
20A-9-403
(5)(c); and
(c) Section 
20A-9-405
;
(3) 
subject to Section 
20A-9-408.7
, if applicable,
 an individual may only seek the
nomination of the qualified political party by using a method described in Section 
20A-9-407
,
Section 
20A-9-408
, or both;
(4) 
subject to Section 
20A-9-408.7
, if applicable,
 the qualified political party shall
comply with the provisions of Sections 
20A-9-407
, 
20A-9-408
, and 
20A-9-409
;
(5) notwithstanding Subsection 
20A-6-301
(1)(a), (1)(e), or (2)(a), each election officer
shall ensure that a ballot described in Section 
20A-6-301
 includes each individual nominated
by a qualified political party:
(a) under the qualified political party's name , if any; or
(b) under the title of the qualified registered political party as designated by the
qualified political party in the certification described in Subsection (1), or, if none is
designated, then under some suitable title;
(6) notwithstanding Subsection 
20A-6-302
(1)(a), each election officer shall ensure, for
ballots in regular general elections, that each candidate who is nominated by the qualified
political party is listed by party;
(7) notwithstanding Subsection 
20A-6-304
(1)(e), each election officer shall ensure that
the party designation of each candidate who is nominated by the qualified political party is
displayed adjacent to the candidate's name on a mechanical ballot;
(8) "candidates for elective office," defined in Subsection 
20A-9-101
(1)(a), also
includes an individual who files a declaration of candidacy under Section 
20A-9-407
 or
20A-9-408
 to run in a regular general election for a federal office, constitutional office,
multicounty office, or county office;
(9) an individual who is nominated by, or seeking the nomination of, the qualified
political party is not required to comply with Subsection 
20A-9-201
(1)(c);
(10) notwithstanding Subsection 
20A-9-403
(3), the qualified political party is entitled
to have each of the qualified political party's candidates for elective office appear on the
primary ballot of the qualified political party with an indication that each candidate is a
candidate for the qualified political party;
(11) notwithstanding Subsection 
20A-9-403
(4)(a), the lieutenant governor shall include
on the list provided by the lieutenant governor to the county clerks:
(a) the names of all candidates of the qualified political party for federal, constitutional,
multicounty, and county offices; and
(b) the names of unopposed candidates for elective office who have been nominated by
the qualified political party and instruct the county clerks to exclude such candidates from the
primary-election ballot;
(12) notwithstanding Subsection 
20A-9-403
(5)(c), a candidate who is unopposed for an
elective office in the regular primary election of the qualified political party is nominated by
the party for that office without appearing on the primary ballot; and
(13) notwithstanding the provisions of Subsections 
20A-9-403
(1) and (2) and Section
20A-9-405
, the qualified political party is entitled to have the names of its candidates for
elective office featured with party affiliation on the ballot at a regular general election.
Section 5. Section 
20A-9-407
 is amended to read:
20A-9-407.
Convention 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 a qualified political party for an elective office through the
qualified political party's convention process.
(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) 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
(b) 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) file a declaration of candidacy with the county clerk designated in the interlocal
agreement creating the prosecution district during the declaration of candidacy filing period
described in Section 
20A-9-201.5
; and
(b) 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) (a) A qualified political party that nominates a candidate under this section shall
certify the name of the candidate to the lieutenant governor before the deadline described in
Subsection 
20A-9-202
(1)(b).
(b) The lieutenant governor shall include, in the primary ballot certification or, for a
race where a primary is not held because the candidate is unopposed, in the general election
ballot certification, 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 qualified political party that nominates one or more candidates under this section
shall certify the convention results to the lieutenant governor before the deadline described in
Subsection 
20A-9-202
(1)(b).
(9) The convention results shall include, for each race for the nomination for an office:
(a) the name of each convention candidate seeking the party's nomination for that
office;
(b) an explanation of the voting method used by the qualified political party to
nominate and eliminate convention candidates for that office; and
(c) the percentage of the votes received by each candidate in each round of voting.
Section 6. 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
] 
Subject to Section 
20A-9-408.7
, if applicable, 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
] 
Subject to Section 
20A-9-408.7
, if applicable, 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, 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) This Subsection (9) applies only to the manual candidate qualification process.
(b) [
In
] 
Subject to Section 
20A-9-408.7
, if applicable, 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
] 
Subject to Section 
20A-9-408.7
, if applicable, 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.
Section 7. Section 
20A-9-408.7
 is enacted to read:
 20A-9-408.7.
Elimination of candidate nominated by signature-gathering.
(1) A qualified political party may elect to nominate candidates for a partisan elective
office in accordance with the candidate elimination process described in this section.
(2) (a) Subject to Subsection (3), if a qualified political party nominates a candidate for
a partisan elective office under Section 
20A-9-407
, the candidate nominated for that office
eliminates any other candidate that otherwise qualifies for placement on the ballot under
Section 
20A-9-408
 if, in the first round where any candidate receives more than 50% of the
votes cast by the voters at the convention, that candidate receives at least 70% of the votes cast
by the voters at a convention.
(b) A qualified political party, in a statement filed with the election officer, shall
declare the qualified political party's intent to nominate candidates for an elective office in
accordance with Subsection (2)(a):
(i) no later than 5:00 p.m. on the first Monday in October in each odd-numbered year;
and
(ii) for a convention to fill a mid-term vacancy in the office of United States senator or
United States representative, no later than 5:00 p.m. the day after the day on which the
governor issues the proclamation described in Subsection 
20A-1-502
(1) or Subsection
20A-1-502.5
(1).
(c) (i) A qualified political party may withdraw the statement described in Subsection
(2)(b)(i) no later than 5:00 p.m. on November 30 of the year in which the statement is filed.
(ii) A qualified political party may not withdraw a statement filed under Subsection
(2)(b)(ii).
(3) The candidate elimination process described in Subsection (2)(a) only applies if:
(a) a qualified political party timely files the statement described in Subsection (2)(b)(i)
or (ii), as applicable; and
(b) for the regular primary election, the qualified political party does not withdraw the
statement on or before the deadline described in Subsection (2)(c)(i).
Section 8. Section 
20A-9-409
 is amended to read:
20A-9-409.
Primary election provisions relating to qualified political party.
(1) The regular primary election is held on the date specified in Section 
20A-1-201.5
.
(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 only one candidate 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
, may, but is not required to, participate in the primary election for
that office if:
(i) the qualified political party nominates candidates for an elective office under the
candidate elimination process described in Section 
20A-9-408.7
; and
(ii) the nomination of the candidate or candidates that qualify for the elective office
under Section 
20A-9-408
 are, pursuant to Section 
20A-9-408.7
, eliminated by the nomination
of the candidate for that office under Section 
20A-9-407
.
[
(c)
] 
(d)
 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)
] 
(e)
 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
17-52a-201
 or 
17-52a-202
, 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 
17-52a-201
; or
(ii) midterm vacancy as defined in Section 
17-52a-201
; 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) Before the deadline described in Subsection (4)(c), 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.
(c) The deadline described in Subsection (4)(b) is 5 p.m. on the first Wednesday after
the fourth Saturday in April.