LEGISLATIVE GENERAL COUNSEL H.B. 185
6 Approved for Filing: M. Cipriano 6
6 01-05-24 4:27 PM 6
1 PRIMARY BALLOT REQUIREMENTS
2 2024 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Jordan D. Teuscher
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill addresses the nomination for an elective office of a member of a qualified
10 political party.
11 Highlighted Provisions:
12 This bill:
13 < requires an election officer to identify on a primary ballot the candidates nominated
14 at the qualified political party's nominating convention;
15 < requires a qualified political party to report the results of a nominating convention
16 to the lieutenant governor;
17 < provides that a qualified political party may opt-in to a nomination method where a
18 candidate who receives 70% or more of the votes for an elective office at a
19 nominating convention automatically eliminates a candidate nominated for that
20 office through the signature-gathering process;
21 < provides that, under the nomination method described above, a candidate receiving
22 70% or more of the votes at a nominating convention is not required to participate
23 in the primary election in certain circumstances; and
24 < makes technical and conforming changes.
25 Money Appropriated in this Bill:
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26 None
27 Other Special Clauses:
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28 None
29 Utah Code Sections Affected:
30 AMENDS:
31 20A-1-502, as last amended by Laws of Utah 2020, Chapter 13
32 20A-1-502.5, as enacted by Laws of Utah 2020, Chapter 13
33 20A-9-101, as last amended by Laws of Utah 2023, Chapters 15, 45
34 20A-9-406, as last amended by Laws of Utah 2022, Chapter 13
35 20A-9-407, as last amended by Laws of Utah 2022, Chapter 13
36 20A-9-408, as last amended by Laws of Utah 2023, Chapter 116
37 20A-9-409, as last amended by Laws of Utah 2021, Second Special Session, Chapter 6
38 ENACTS:
39 20A-9-408.7, Utah Code Annotated 1953
40
41 Be it enacted by the Legislature of the state of Utah:
42 Section 1. Section 20A-1-502 is amended to read:
43 20A-1-502. Midterm vacancy in office of United States senator.
44 (1) Except as provided in Subsections (2) and (3), when a vacancy occurs in the office
45 of United States senator, the governor shall, within seven days after the day on which the
46 vacancy occurs, issue a proclamation calling a special congressional election to fill the vacancy
47 that:
48 (a) sets a date for a primary congressional special election, and a later date for a general
49 congressional special election, on the same day as one of the following elections:
50 (i) a municipal general election;
51 (ii) a presidential primary election;
52 (iii) a regular primary election; or
53 (iv) a regular general election;
54 (b) sets the date of the primary congressional special election on the same day as the
55 next election described in Subsections (1)(a)(i) through (iv) that is more than 90 days after the
56 day on which the governor issues the proclamation;
57 (c) sets the date of the general special congressional election on the same day as the
58 next election described in Subsection (1)(a) that is more than 90 days after the primary special
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59 congressional election described in Subsection (1)(b);
60 (d) provides each registered political party that is not a qualified political party at least
61 21 days, but no more than 28 days, to select one candidate, in a manner determined by the
62 registered political party, as a candidate for the registered political party;
63 (e) subject to Section 20A-9-408.7, if applicable, for each qualified political party,
64 provides at least 21 days, but no more than 28 days:
65 (i) for the qualified political party to select one candidate, using the convention process
66 described in Section 20A-9-407, as a candidate for the qualified political party; and
67 (ii) for a member of the qualified political party to submit signatures to qualify as a
68 candidate for the qualified political party using the signature-gathering process described in
69 Section 20A-9-408;
70 (f) consistent with the requirements of this section, establishes the deadlines, time
71 frames, and procedures for filing a declaration of candidacy, giving notice of an election, and
72 other election requirements; and
73 (g) requires an election officer to comply with the requirements of Chapter 16,
74 Uniform Military and Overseas Voters Act.
75 (2) (a) The governor may set a date for a primary special congressional election or a
76 general special congressional election on a date other than a date described in Subsection (1)(a)
77 if:
78 (i) on the same day on which the governor issues the proclamation described in
79 Subsection (1) the governor calls a special session for the Legislature to appropriate money to
80 hold the election on a different day; or
81 (ii) if the governor issues the proclamation described in Subsection (1) on or after
82 January 1, but before the end of the general session of the Legislature, and requests in the
83 proclamation described in Subsection (1) that the Legislature appropriate money to hold the
84 election on a different day.
85 (b) If the Legislature does not, under Subsection (2)(a), appropriate money to hold the
86 election on a different day, the proclamation described in Subsection (1) is void and the
87 governor shall, within seven days after the day on which the Legislature declines to appropriate
88 money to hold the election on a different day, issue a proclamation, in accordance with
89 Subsection (1), that sets the special congressional primary and general elections on dates
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90 described in Subsections (1)(a)(i) through (iv).
91 (3) A special congressional election to fill a vacancy in the office of United States
92 senator will not be held if:
93 (a) the next regular general election that occurs after the day on which the vacancy
94 occurs is the regular general election that occurs immediately before the six-year term for the
95 senate office ends; and
96 (b) the vacancy occurs after August 1 of the year before the regular general election
97 described in Subsection (3)(a).
98 (4) (a) The governor shall appoint an individual to temporarily fill a vacancy in the
99 office of United States senator from one of three individuals nominated by the Legislature,
100 each of whom is a member of the political party of which the prior officeholder was a member
101 at the time the prior officeholder was elected.
102 (b) The individual appointed under Subsection (4)(a) shall serve as United States
103 senator until the earlier of the day on which:
104 (i) the vacancy is filled by election under Subsection (1) or (2); or
105 (ii) the six-year term for the senate office ends.
106 (5) An individual elected to fill a vacancy under this section shall serve until the end of
107 the current term in which the vacancy filled by the election occurs.
108 (6) A vacancy in the office of United States senator does not occur unless the senator:
109 (a) has left the office; or
110 (b) submits an irrevocable letter of resignation to the governor or to the president of the
111 United States Senate.
112 Section 2. Section 20A-1-502.5 is amended to read:
113 20A-1-502.5. Midterm vacancy in office of United States representative.
114 (1) Except as provided in Subsections (2) and (4), when a vacancy occurs in the office
115 of United States representative, the governor shall, within seven days after the day on which the
116 vacancy occurs, issue a proclamation calling a special congressional election to fill the vacancy
117 that:
118 (a) sets a date for a primary congressional special election, and a later date for a general
119 congressional special election, on the same day as one of the following elections:
120 (i) a municipal general election;
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121 (ii) a presidential primary election;
122 (iii) a regular primary election; or
123 (iv) a regular general election;
124 (b) sets the date of the primary congressional special election on the same day as the
125 next election described in Subsections (1)(a)(i) through (iv) that is more than 90 days after the
126 day on which the governor issues the proclamation;
127 (c) sets the date of the general special congressional election on the same day as the
128 next election described in Subsection (1)(a) that is more than 90 days after the primary special
129 congressional election described in Subsection (1)(b);
130 (d) provides each registered political party that is not a qualified political party at least
131 21 days, but no more than 28 days, to select one candidate, in a manner determined by the
132 registered political party, as a candidate for the registered political party;
133 (e) subject to Section 20A-9-408.7, if applicable, for each qualified political party,
134 provides at least 21 days, but no more than 28 days:
135 (i) for the qualified political party to select one candidate, using the convention process
136 described in Section 20A-9-407, as a candidate for the qualified political party; and
137 (ii) for a member of the qualified political party to submit signatures to qualify as a
138 candidate for the qualified political party using the signature-gathering process described in
139 Section 20A-9-408;
140 (f) consistent with the requirements of this section, establishes the deadlines, time
141 frames, and procedures for filing a declaration of candidacy, giving notice of an election, and
142 other election requirements; and
143 (g) requires an election officer to comply with the requirements of Chapter 16,
144 Uniform Military and Overseas Voters Act.
145 (2) The governor may set a date for a primary special congressional election or a
146 general special congressional election on a date other than a date described in Subsection (1)(a)
147 if:
148 (a) on the same day on which the governor issues the proclamation described in
149 Subsection (1) the governor calls a special session for the Legislature to appropriate money to
150 hold the election on a different day; or
151 (b) if the governor issues the proclamation described in Subsection (1) on or after
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152 January 1, but before the end of the general session of the Legislature, and requests in the
153 proclamation described in Subsection (1) that the Legislature appropriate money to hold the
154 election on a different day.
155 (3) If the Legislature does not, under Subsection (2), appropriate money to hold the
156 election on a different day, the proclamation described in Subsection (1) is void and the
157 governor shall, within seven days after the day on which the Legislature declines to appropriate
158 money to hold the election on a different day, issue a proclamation, in accordance with
159 Subsection (1), that sets the special congressional primary and general elections on dates
160 described in Subsections (1)(a)(i) through (iv).
161 (4) A special congressional election to fill a vacancy in the office of United States
162 representative will not be held if the vacancy occurs fewer than 180 days before the next
163 regular general election.
164 (5) An individual who fills a vacancy under this section shall serve until the end of the
165 current term in which the vacancy occurs.
166 (6) A vacancy in the office of United States representative does not occur unless the
167 representative:
168 (a) has left the office; or
169 (b) submits an irrevocable letter of resignation to the governor or to the speaker of the
170 United States House of Representatives.
171 Section 3. Section 20A-9-101 is amended to read:
172 20A-9-101. Definitions.
173 As used in this chapter:
174 (1) (a) "Candidates for elective office" means persons who file a declaration of
175 candidacy under Section 20A-9-202 to run in a regular general election for a federal office,
176 constitutional office, multicounty office, or county office.
177 (b) "Candidates for elective office" does not mean candidates for:
178 (i) justice or judge of court of record or not of record;
179 (ii) presidential elector;
180 (iii) any political party offices; and
181 (iv) municipal or special district offices.
182 (2) "Constitutional office" means the state offices of governor, lieutenant governor,
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183 attorney general, state auditor, and state treasurer.
184 (3) "Continuing political party" means the same as that term is defined in Section
185 20A-8-101.
186 (4) (a) "County office" means an elective office where the officeholder is selected by
187 voters entirely within one county.
188 (b) "County office" does not mean:
189 (i) the office of justice or judge of any court of record or not of record;
190 (ii) the office of presidential elector;
191 (iii) any political party offices;
192 (iv) any municipal or special district offices; and
193 (v) the office of United States Senator and United States Representative.
194 (5) "Electronic candidate qualification process" means:
195 (a) as it relates to a registered political party that is not a qualified political party, the
196 process for gathering signatures electronically to seek the nomination of a registered political
197 party, described in:
198 (i) Section 20A-9-403;
199 (ii) Section 20A-9-405, except Subsections 20A-9-405(3) and (5); and
200 (iii) Section 20A-21-201; and
201 (b) as it relates to a qualified political party, the process, for gathering signatures
202 electronically to seek the nomination of a registered political party, described in:
203 (i) Section 20A-9-405, except Subsections 20A-9-405(3) and (5);
204 (ii) Section 20A-9-408; and
205 (iii) Section 20A-21-201.
206 (6) "Federal office" means an elective office for United States Senator and United
207 States Representative.
208 (7) "Filing officer" means:
209 (a) the lieutenant governor, for:
210 (i) the office of United States Senator and United States Representative; and
211 (ii) all constitutional offices;
212 (b) for the office of a state senator, state representative, or the state school board, the
213 lieutenant governor or the applicable clerk described in Subsection (7)(c) or (d);
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214 (c) the county clerk, for county offices and local school district offices;
215 (d) the county clerk in the filer's county of residence, for multicounty offices;
216 (e) the city or town clerk, for municipal offices; or
217 (f) the special district clerk, for special district offices.
218 (8) "Local government office" includes county offices, municipal offices, and special
219 district offices and other elective offices selected by the voters from a political division entirely
220 within one county.
221 (9) "Manual candidate qualification process" means the process for gathering
222 signatures to seek the nomination of a registered political party, using paper signature packets
223 that a signer physically signs.
224 (10) (a) "Multicounty office" means an elective office where the officeholder is
225 selected by the voters from more than one county.
226 (b) "Multicounty office" does not mean:
227 (i) a county office;
228 (ii) a federal office;
229 (iii) the office of justice or judge of any court of record or not of record;
230 (iv) the office of presidential elector;
231 (v) any political party offices; or
232 (vi) any municipal or special district offices.
233 (11) "Municipal office" means an elective office in a municipality.
234 (12) (a) "Political division" means a geographic unit from which an officeholder is
235 elected and that an officeholder represents.
236 (b) "Political division" includes a county, a city, a town, a special district, a school
237 district, a legislative district, and a county prosecution district.
238