LEGISLATIVE GENERAL COUNSEL S.B. 205
6 Approved for Filing: T.R. Vaughn 6
6 02-17-21 11:45 AM 6
1 ELECTION PROCESS AMENDMENTS
2 2021 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Daniel McCay
5 House Sponsor: Francis D. Gibson
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions relating to the conduct of elections.
10 Highlighted Provisions:
11 This bill:
12 < defines terms;
13 < establishes four types of registered political parties, as follows:
14 C a class A registered political party, that chooses a nominee by convention only
15 and agrees to send the top two nominees at convention to a primary unless one
16 candidate receives at least two-thirds of the votes cast at convention;
17 C a class B registered political party, that chooses a nominee by allowing a
18 member of the registered political party to seek the nomination by the nominee
19 choosing to gather signatures, seek nomination in the registered political party's
20 convention, or both;
21 C a class C registered political party that chooses a nominee by gathering
22 signatures only; and
23 C a class D registered political party that chooses a nominee by a method other
24 than a method required for a class A, B, or C registered political party;
25 < requires a registered political party to:
S.B. 205
26 C certify to the lieutenant governor the class that the registered political party will
27 be for the upcoming regular general election; and
*SB0205*
 S.B. 205 02-17-21 11:45 AM
28 C comply with the candidate nomination requirements relating to the class
29 certified by the registered political party;
30 < provides that a registered political party that fails to timely certify a class is a class
31 D registered political party;
32 < provides that only a class A, B, or C registered political party:
33 C may participate in a regular primary election; or
34 C have the registered political party's nominees appear on the general election
35 ballot with an indication of party affiliation;
36 < establishes other requirements for a registered political party and for particular
37 classes of registered political parties; and
38 < makes technical and conforming changes.
39 Money Appropriated in this Bill:
40 None
41 Other Special Clauses:
42 None
43 Utah Code Sections Affected:
44 AMENDS:
45 20A-1-201.5, as last amended by Laws of Utah 2019, First Special Session, Chapter 4
46 20A-1-501, as last amended by Laws of Utah 2019, Chapter 349
47 20A-1-503, as last amended by Laws of Utah 2019, First Special Session, Chapter 4
48 20A-5-101, as last amended by Laws of Utah 2019, Chapter 255
49 20A-6-301, as last amended by Laws of Utah 2020, Chapters 31, 49, and 344
50 20A-6-302, as last amended by Laws of Utah 2020, Chapter 31
51 20A-6-304, as last amended by Laws of Utah 2020, Chapter 31
52 20A-8-103, as last amended by Laws of Utah 2019, Chapter 255
53 20A-9-101, as last amended by Laws of Utah 2020, Chapter 344
54 20A-9-201, as last amended by Laws of Utah 2020, Chapter 22
55 20A-9-202, as last amended by Laws of Utah 2020, Chapter 22
56 20A-9-403, as last amended by Laws of Utah 2020, Chapter 22
57 20A-9-405, as last amended by Laws of Utah 2018, Chapter 281
58 20A-9-406, as last amended by Laws of Utah 2020, Chapters 22, 31, and 49
-2-
 02-17-21 11:45 AM S.B. 205
59 20A-9-407, as last amended by Laws of Utah 2019, First Special Session, Chapter 4
60 20A-9-408, as last amended by Laws of Utah 2019, First Special Session, Chapter 4
61 20A-9-408.5, as enacted by Laws of Utah 2015, Chapter 296
62 20A-9-409, as last amended by Laws of Utah 2019, First Special Session, Chapter 4
63 20A-9-504, as last amended by Laws of Utah 2019, Chapter 255
64 20A-9-601, as last amended by Laws of Utah 2019, Chapters 142, 255, and 279
65 20A-9-701, as last amended by Laws of Utah 2015, Chapter 296
66 63I-2-220, as last amended by Laws of Utah 2020, Sixth Special Session, Chapter 17
67 ENACTS:
68 20A-9-102, Utah Code Annotated 1953
69 20A-9-402.5, Utah Code Annotated 1953
70 20A-9-402.7, Utah Code Annotated 1953
71 20A-9-403.5, Utah Code Annotated 1953
72 20A-9-403.7, Utah Code Annotated 1953
73 20A-9-409.5, Utah Code Annotated 1953
74
75 Be it enacted by the Legislature of the state of Utah:
76 Section 1. Section 20A-1-201.5 is amended to read:
77 20A-1-201.5. Primary election dates.
78 (1) The regular primary election shall be held throughout the state on the fourth
79 Tuesday of June of each even numbered year [as provided in Section 20A-9-403, 20A-9-407,
80 or 20A-9-408, as applicable,] to nominate [persons] individuals for:
81 (a) national, state, school board, and county offices; and
82 (b) offices for a metro township, city, or town incorporated under Section 10-2a-404.
83 (2) A municipal primary election shall be held, if necessary, on the second Tuesday
84 following the first Monday in August before the regular municipal election to nominate persons
85 for municipal offices.
86 (3) A presidential primary election shall be held throughout the state on the first
87 Tuesday in March in the year in which a presidential election will be held.
88 Section 2. Section 20A-1-501 is amended to read:
89 20A-1-501. Candidate vacancies -- Procedure for filling.
-3-
 S.B. 205 02-17-21 11:45 AM
90 (1) The state central committee of a registered political party, for candidates for United
91 States senator, United States representative, governor, lieutenant governor, attorney general,
92 state treasurer, and state auditor, and for legislative candidates whose legislative districts
93 encompass more than one county, and the county central committee of a registered political
94 party, for all other party candidates seeking an office elected at a regular general election, may
95 certify the name of another candidate to the appropriate election officer if:
96 (a) for a registered political party that will have a candidate on a ballot in a primary
97 election, after the close of the period for filing a declaration of candidacy and continuing
98 through the day before the day on which the lieutenant governor provides the list described in
99 Subsection [20A-9-403(4)(a)] 20A-9-403.7(1)(a):
100 (i) only one or two candidates from that party have filed a declaration of candidacy for
101 that office; and
102 (ii) one or both:
103 (A) dies;
104 (B) resigns because of acquiring a physical or mental disability, certified by a physician
105 or physician assistant, that prevents the candidate from continuing the candidacy; or
106 (C) is disqualified by an election officer for improper filing or nominating procedures;
107 (b) for a registered political party that does not have a candidate on the ballot in a
108 primary, but that will have a candidate on the ballot for a general election, after the close of the
109 period for filing a declaration of candidacy and continuing through the day before the day on
110 which the lieutenant governor makes the certification described in Section 20A-5-409, the
111 party's candidate:
112 (i) dies;
113 (ii) resigns because of acquiring a physical or mental disability as certified by a
114 physician or physician assistant;
115 (iii) is disqualified by an election officer for improper filing or nominating procedures;
116 or
117 (iv) resigns to become a candidate for president or vice president of the United States;
118 or
119 (c) for a registered political party with a candidate certified as winning a primary
120 election, after the deadline described in Subsection (1)(a) and continuing through the day
-4-
 02-17-21 11:45 AM S.B. 205
121 before that day on which the lieutenant governor makes the certification described in Section
122 20A-5-409, the party's candidate:
123 (i) dies;
124 (ii) resigns because of acquiring a physical or mental disability as certified by a
125 physician or physician assistant;
126 (iii) is disqualified by an election officer for improper filing or nominating procedures;
127 or
128 (iv) resigns to become a candidate for president or vice president of the United States.
129 (2) If no more than two candidates from a registered political party have filed a
130 declaration of candidacy for an office elected at a regular general election and one resigns to
131 become the party candidate for another position, the state central committee of that registered
132 political party, for candidates for governor, lieutenant governor, attorney general, state
133 treasurer, and state auditor, and for legislative candidates whose legislative districts encompass
134 more than one county, and the county central committee of that registered political party, for all
135 other party candidates, may certify the name of another candidate to the appropriate election
136 officer.
137 (3) Each replacement candidate shall file a declaration of candidacy as required by
138 Title 20A, Chapter 9, Part 2, Candidate Qualifications and Declarations of Candidacy.
139 (4) (a) The name of a candidate who is certified under Subsection (1)(a) after the
140 deadline described in Subsection (1)(a) may not appear on the primary election ballot.
141 (b) The name of a candidate who is certified under Subsection (1)(b) after the deadline
142 described in Subsection (1)(b) may not appear on the general election ballot.
143 (c) The name of a candidate who is certified under Subsection (1)(c) after the deadline
144 described in Subsection (1)(c) may not appear on the general election ballot.
145 (5) A registered political party may not replace a candidate who is disqualified for
146 failure to timely file a campaign disclosure financial report under Title 20A, Chapter 11,
147 Campaign and Financial Reporting Requirements, or Section 17-16-6.5.
148 Section 3. Section 20A-1-503 is amended to read:
149 20A-1-503. Midterm vacancies in the Legislature.
150 (1) As used in this section:
151 (a) "Filing deadline" means the final date for filing:
-5-
 S.B. 205 02-17-21 11:45 AM
152 (i) a declaration of candidacy as provided in Section 20A-9-202; and
153 (ii) a certificate of nomination as provided in Section 20A-9-503.
154 (b) "Party liaison" means the registered political party officer designated to serve as a
155 liaison with the lieutenant governor on all matters relating to the registered political party's
156 relationship with the state as required by Section 20A-8-401.
157 (2) When a vacancy occurs for any reason in the office of representative in the
158 Legislature, the governor shall fill the vacancy by immediately appointing the [person]
159 individual whose name was submitted by the party liaison of the same registered political party
160 as the prior representative.
161 (3) (a) Except as provided by Subsection (5), when a vacancy occurs for any reason in
162 the office of senator in the Legislature, [it] the office shall be filled for the unexpired term at
163 the next regular general election.
164 (b) The governor shall fill the vacancy until the next regular general election by
165 immediately appointing the [person] individual whose name was submitted by the party liaison
166 of the same registered political party as the prior senator.
167 (4) (a) If a vacancy described in Subsection (3)(a) occurs after the filing deadline but
168 before August 31 of an even-numbered year in which the term of office does not expire, the
169 lieutenant governor shall:
170 (i) establish a date and time, which is before the date for a candidate to be certified for
171 the ballot under Section 20A-9-701 and no later than 21 days after the day on which the
172 vacancy occurred, by which [a person] an individual intending to obtain a position on the ballot
173 for the vacant office shall file:
174 (A) a declaration of candidacy; or
175 (B) a certificate of nomination; and
176 (ii) give notice of the vacancy and the date and time described in Subsection (4)(a)(i):
177 (A) on the lieutenant governor's website; and
178 (B) to each registered political party.
179 (b) [A person] An individual intending to obtain a position on the ballot for the vacant
180 office shall:
181 (i) before the date and time specified in Subsection (4)(a)(i), file a declaration of
182 candidacy or certificate of nomination according to the procedures and requirements of Chapter
-6-
 02-17-21 11:45 AM S.B. 205
183 9, Candidate Qualifications and Nominating Procedures; and
184 (ii) run in the regular general election if:
185 (A) nominated as a party candidate; or
186 (B) qualified as an unaffiliated candidate as provided by Chapter 9, Candidate
187 Qualifications and Nominating Procedures.
188 (c) If a vacancy described in Subsection (3)(a) occurs after the deadline described in
189 Subsection 20A-9-202[(1)(b)](2)(b)(ii) or (3)(b) and before August 31, of an even-numbered
190 year in which the term of office does not expire, a party liaison from each registered political
191 party may submit a name of [a person] an individual described in Subsection (4)(b) to the
192 lieutenant governor before 5 p.m. no later than August 30 for placement on the regular general
193 election ballot.
194 (5) If a vacancy described in Subsection (3)(a) occurs on or after August 31 of an
195 even-numbered year in which a term does not expire, the governor shall fill the vacancy for the
196 unexpired term by immediately appointing the [person] individual whose name was submitted
197 by the party liaison of the same registered political party as the prior senator.
198 Section 4. Section 20A-5-101 is amended to read:
199 20A-5-101. Notice of election.
200 (1) On or before November 15 in the year before each regular general election year, the
201 lieutenant governor shall prepare and transmit a written notice to each county clerk that:
202 (a) designates the offices to be filled at the next year's regular general election;
203 (b) identifies the dates for filing a declaration of candidacy, and for submitting and
204 certifying nomination petition signatures, as applicable, [under Sections 20A-9-403,
205 20A-9-407, and 20A-9-408] for those offices; and
206 (c) contains a description of any ballot propositions to be decided by the voters that
207 have qualified for the ballot as of that date.
208 (2) No later than seven business days after the day on which the lieutenant governor
209 transmits the written notice described in Subsection (1), each county clerk shall publish notice,
210 in accordance with Subsection (3):
211 (a) (i) in a conspicuous place most likely to give notice of the election to the voters in
212 each voting precinct within the county; and
213 (ii) prepare an affidavit of the posting, showing a copy of the notice and the places
-7-
 S.B. 205 02-17-21 11:45 AM
214 where the notice was posted;
215 (b) (i) in a newspaper of general circulation in the county;
216 (ii) if there is no newspaper of general circulation within the county, in addition to the
217 notice described in Subsection (2)(a), by posting one notice, and at least one additional notice
218 per 2,000 population of the county, in places within the county that are most likely to give
219 notice of the election to the voters in the county; or
220 (iii) by mailing notice to each registered voter in the county;
221 (c) on the Utah Public Notice Website created in Section 63F-1-701, for seven days
222 before the day of the election;
223 (d) in accordance with Section 45-1-101, for seven days before the day of the election;
224 and
225 (e) on the county's website for seven days before the day of the election.
226 (3) The notice described in Subsection (2) shall:
227 (a) designate the offices to be voted on in that election; and
228 (b) identify the dates for filing a declaration of candidacy for those offices.
229 (4) Except as provided in Subsection (6), before each election, the election officer shall
230 give printed notice of the following information:
231