Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 231 (2025GS)

Sponsor

Rep. Kyle, Jason B.

Final action

House/ filed 3/7/2025

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• provides that, for certain primary election races, the person who wins the nomination will be determined by conducting a runoff election between the two candidates who received the most votes in the initial primary election if:
• no candidate receives more than 50% of the votes in the race; and
• the candidate who receives the highest number of votes does not receive at least 10% more of the total votes cast in the race than the candidate who receives the second highest number of votes;
• describes deadlines, notice requirements, and procedures relating to a runoff election, including party affiliation deadlines and procedures for a military or overseas voter to cast a ballot in a runoff election; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

17
20A-1-304
20A-3a-601
20A-6-203
20A-9-403
20A-9-409.1
Primary Election Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jason B. 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 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-1-304
, as last amended by Laws of Utah 2024, Chapter 503
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 2024, Chapter 503
ENACTS:
20A-9-409.1
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
20A-1-304
 is amended to read:
20A-1-304. Tie votes.
(1)
This section does not apply to a race conducted by instant runoff voting under Chapter 
4, Part 6, Municipal Alternate Voting Methods Pilot Project.
(2)
Except as provided in Subsection (3), if, after conducting a recount under Subsection 
20A-4-401(5)
, a tie vote occurs, the election officer shall, in a public meeting held no 
later than three days after the day on which the recount canvass is completed:
(a)
determine the winning candidate, by lot, in whatever manner the election officer 
determines; and
(b)
provide notice and an opportunity for each candidate involved in the tie to observe 
the casting or drawing of the lot or to send a representative to observe the casting or 
drawing of the lot.
(3)
(a)
If
Except as otherwise provided in Section 
20A-9-409.1
,
 if
 after conducting a 
recount under Subsection 
20A-4-401
(5), a tie vote occurs in a primary election race 
for a national, statewide, 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 no later than three days after the day on which the recount canvass is 
completed:
(i)
determine the winning nominee, by lot, in whatever manner the governor 
determines; and
(ii)
provide notice and an opportunity for each candidate involved in the tie to 
observe the casting or drawing of the lot or to send a representative to observe the 
casting or drawing of the lot.
(b)
If
Except as otherwise provided in Section 
20A-9-409.1
,if
, after conducting a 
recount under Subsection 
20A-4-401
(5), a tie vote occurs in a primary election race 
for a county office, the district court judges of the district in which the county is 
located shall, at a public meeting called by the judges no later than three days after 
the day on which the recount canvass is completed:
(i)
determine the winning nominee, by lot, in whatever manner the judges determine; 
and
(ii)
provide notice and an opportunity for each candidate involved in the tie to 
observe the casting or drawing of the lot or to send a representative to observe the 
casting or drawing of the lot.
Section 2, 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 3, 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 4, 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)
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)
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)
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)
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
 and with the assistance of 
the county clerk as applicable, use the procedures described in Section 
20A-1-1002
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)
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.
(7)
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 5, 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 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)
If a tie in the number of votes received in the initial primary election race makes it 
impossible to determine, under Subsection (2), 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:
(a)
the election officer; or
(b)
if the election officer is the lieutenant governor and the race is for governor, one of 
the following, as designated by the lieutenant governor:
(i)
the attorney general;
(ii)
the state treasurer; or
(iii)
the state auditor.
(4)
To conduct a runoff election described in Subsection (2), 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)
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.
Section 6. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
1-15-25 4:46 PM