Bill Summary – FastDemocracy

LEGISLATIVE GENERAL COUNSEL                                            H.B. 371
Approved for Filing: T.R. Vaughn 6
         6 01-23-24 11:03 AM 6
                           PRIMARY ELECTION AMENDMENTS
                                       2024 GENERAL SESSION
                                           STATE OF UTAH
                              Chief Sponsor: Jordan D. Teuscher
                                 Senate Sponsor: ____________
 6
 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
 40% 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-3a-601, as last amended by Laws of Utah 2020, Chapter 95 and renumbered and
                                                                                                      H.B. 371
 amended by Laws of Utah 2020, Chapter 31
        20A-6-203, as last amended by Laws of Utah 2020, Chapter 31
     *HB0371*
       H.B. 371                                                                  01-23-24 11:03 AM
         20A-9-403, as last amended by Laws of Utah 2023, Chapter 116
 ENACTS:
         20A-9-409.1, Utah Code Annotated 1953
31
 Be it enacted by the Legislature of the state of Utah:
         Section 1. Section 20A-3a-601 is amended to read:
         20A-3a-601. Early voting.
         (1) Except as provided in Subsection 20A-9-409.1(4)(b) or Section 20A-7-609.5:
         (a) an individual who is registered to vote may vote at a polling place before the
 election date in accordance with this section; and
         (b) except as provided in Subsection 20A-2-207(6), an individual who is not registered
 to vote may register to vote and vote at a polling place before the election date in accordance
 with this section if the individual:
         (i) is otherwise legally entitled to vote the ballot; and
         (ii) casts a provisional ballot in accordance with Section 20A-2-207.
         (2) Except as provided in Section 20A-1-308 or Subsection (3), the early voting period:
         (a) begins on the date that is 14 days before the date of the election; and
         (b) continues through the Friday before the election if the election date is a Tuesday.
         (3) (a) An election officer may extend the end of the early voting period to the day
 before the election date if the election officer provides notice of the extension in accordance
 with Section 20A-3a-604.
         (b) For a municipal election, the municipal clerk may reduce the early voting period
 described in this section if:
         (i) the municipal clerk conducts early voting on at least four days;
         (ii) the early voting days are within the period beginning on the date that is 14 days
 before the date of the election and ending on the day before the election; and
         (iii) the municipal clerk provides notice of the reduced early voting period in
 accordance with Section 20A-3a-604.
         (c) For a county election, the county clerk may reduce the early voting period described
 in this section if:
         (i) the county clerk conducts early voting on at least four days;
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       01-23-24 11:03 AM                                                                       H.B. 371
         (ii) the early voting days are within the period beginning on the date that is 14 days
 before the date of the election and ending on the day before the election; and
         (iii) the county clerk provides notice of the reduced early voting period in accordance
 with Section 20A-3a-604.
         (4) Except as provided in Section 20A-1-308, during the early voting period, the
 election officer:
         (a) for a local special election, a municipal primary election, and a municipal general
 election:
         (i) shall conduct early voting on a minimum of four days during each week of the early
 voting period; and
         (ii) shall conduct early voting on the last day of the early voting period; and
         (b) for all other elections:
         (i) shall conduct early voting on each weekday; and
         (ii) may elect to conduct early voting on a Saturday, Sunday, or holiday.
         (5) Except as specifically provided in this Part 6, Early Voting, or Section 20A-1-308,
 early voting shall be administered in accordance with the requirements of this title.
         Section 2. Section 20A-6-203 is amended to read:
         20A-6-203. Ballots for regular primary elections.
         (1) The lieutenant governor, together with county clerks, suppliers of election
 materials, and representatives of registered political parties, shall:
         (a) develop ballots to be used in Utah's regular primary election;
         (b) except to the extent otherwise provided in Subsection 20A-9-409.1(6), ensure that
 the ballots comply generally, where applicable, with the requirements of [Title 20A, Chapter 6,
 Part 1, General Requirements for All Ballots] Part 1, General Requirements for All Ballots, and
 this section; and
         (c) provide voting booths, election records and supplies, ballot boxes, and as
 applicable, voting devices, for each voting precinct as required by Section 20A-5-403.
         (2) (a) Notwithstanding the requirements of Subsections (1)(b) and (c), [Title 20A,
 Chapter 6, Part 1, General Requirements for All Ballots] Part 1, General Requirements for All
 Ballots, and Sections 20A-5-403, 20A-6-401, and 20A-6-401.1, the lieutenant governor,
 together with county clerks, suppliers of election materials, and representatives of registered
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        H.B. 371                                                                     01-23-24 11:03 AM
 political parties shall ensure that the ballots, voting booths, election records and supplies, and
 ballot boxes:
          (i) facilitate the distribution, voting, and tallying of ballots in a primary where not all
 voters are authorized to vote for a party's candidate;
          (ii) simplify the task of poll workers, particularly in determining a voter's party
 affiliation;
          (iii) minimize the possibility of spoiled ballots due to voter confusion; and
          (iv) protect against fraud.
          (b) To accomplish the requirements of this Subsection (2), the lieutenant governor,
 county clerks, suppliers of election materials, and representatives of registered political parties
 shall:
          (i) mark ballots as being for a particular registered political party; and
          (ii) instruct individuals counting the ballots to count only those votes for candidates
 from the registered political party whose ballot the voter received.
          Section 3. Section 20A-9-403 is amended to read:
          20A-9-403. Regular primary elections -- Candidate nomination process for a
 registered political party that is not a qualified political party -- Determining winning
 nominee for any registered political party, including a qualified political party -- Election
 expenses.
          (1) (a) The candidate nomination process described in this Subsection (1) through
 Subsection (4) applies to a registered political party that is not a qualified political party.
          [(a)] (b) Candidates for elective office that are to be filled at the next regular general
 election shall be nominated in a regular primary election by direct vote of the people in the
 manner [prescribed] described in this section and, as applicable, Section 20A-9-409.1. The
 regular primary election is held on the date specified in Section 20A-1-201.5. Nothing in this
 section shall affect a candidate's ability to qualify for a regular general election's ballot as an
 unaffiliated candidate under Section 20A-9-501 or to participate in a regular general election as
 a write-in candidate under Section 20A-9-601.
          [(b)] (c) Each registered political party that chooses to have the names of the registered
 political party's candidates for elective office featured with party affiliation on the ballot at a
 regular general election shall comply with the requirements of this section and shall nominate
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        01-23-24 11:03 AM                                                                           H.B. 371
 the registered political party's candidates for elective office in the manner described in this
 section.
          [(c)] (d) A filing officer may not permit an official ballot at a regular general election
 to be produced or used if the ballot denotes affiliation between a registered political party or
 any other political group and a candidate for elective office who is not nominated in the manner
 prescribed in this section or in Subsection 20A-9-202(4).
          [(d)] (e) Unless noted otherwise, the dates in this section refer to those that occur in
 each even-numbered year in which a regular general election will be held.
          (2) (a) Each registered political party, in a statement filed with the lieutenant governor,
 shall:
          (i) either declare the registered political party's intent to participate in the next regular
 primary election or declare that the registered political party chooses not to have the names of
 the registered political party's candidates for elective office featured on the ballot at the next
 regular general election; and
          (ii) if the registered political party participates in the upcoming regular primary
 election, identify one or more registered political parties whose members may vote for the
 registered political party's candidates and whether individuals identified as unaffiliated with a
 political party may vote for the registered political party's candidates.
          (b) (i) A registered political party that is a continuing political party shall file the
 statement described in Subsection (2)(a) with the lieutenant governor no later than 5 p.m. on
 November 30 of each odd-numbered year.
          (ii) An organization that is seeking to become a registered political party under Section
 20A-8-103 shall file the statement described in Subsection (2)(a) at the time that the registered
 political party files the petition described in Section 20A-8-103.
          (3) (a) Except as provided in Subsection (3)(e), an individual who submits a
 declaration of candidacy under Section 20A-9-202 shall appear as a candidate for elective
 office on the regular primary ballot of the registered political party listed on the declaration of
 candidacy only if the individual is certified by the appropriate filing officer as having submitted
 a nomination petition that was:
          (i) circulated and completed in accordance with Section 20A-9-405; and
          (ii) signed by at least 2% of the registered political party's members who reside in the
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        H.B. 371                                                                    01-23-24 11:03 AM
 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
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        01-23-24 11:03 AM                                                                       H.B. 371
 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
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        H.B. 371                                                                    01-23-24 11:03 AM
 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 pol