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Utah House Bill HB0214

Utah 2023 Regular Session

Utah House Bill HB0214 Compare Versions

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1-1st Sub. H.B. 214
1+H.B. 214
22 LEGISLATIVE GENERAL COUNSEL
33 6 Approved for Filing: T.R. Vaughn 6
4-6 02-21-23 9:52 AM 6
4+6 01-16-23 3:01 PM 6
55 H.B. 214
6-1st Sub. (Buff)
7-Representative Jason B. Kyle proposes the following substitute bill:
86 1 PRIMARY ELECTION REVISIONS
97 2 2023 GENERAL SESSION
108 3 STATE OF UTAH
11-4 Chief Sponsor: Jason B. Kyle
9+4 Chief Sponsor: Jason Kyle
1210 5 Senate Sponsor: ____________
1311 6
1412 7LONG TITLE
1513 8General Description:
1614 9 This bill addresses primary elections.
1715 10Highlighted Provisions:
1816 11 This bill:
1917 12 <provides that, for certain primary election races, if no candidate receives more than
2018 1350% of the votes in the race, the person who wins the nomination will be
21-14determined by conducting a runoff election between the two candidates who
22-15received the most votes in the initial primary election;
23-16 <describes deadlines, notice requirements, and procedures relating to a runoff
24-17election; and
25-18 <makes technical and conforming changes.
26-19Money Appropriated in this Bill:
27-20 None
28-21Other Special Clauses:
29-22 None
30-23Utah Code Sections Affected:
31-24AMENDS:
32-25 20A-3a-601, as last amended by Laws of Utah 2020, Chapter 95 and renumbered and
33-*HB0214S01* 1st Sub. (Buff) H.B. 214 02-21-23 9:52 AM
19+14determined as follows:
20+15 Cif the candidate who received the most votes in the race also received at least
21+1660% of the delegate votes cast at convention, that candidate wins the
22+17nomination; or
23+18 Cif the candidate who received the most votes in the race did not receive at least
24+1960% of the delegate votes cast at convention, by conducting a runoff election
25+20between the two candidates who received the most votes in the initial primary
26+21election;
27+22 <describes deadlines, notice requirements, and procedures relating to a runoff
28+23election; and
29+24 <makes technical and conforming changes.
30+25Money Appropriated in this Bill:
31+26 None
32+27Other Special Clauses:
33+*HB0214* H.B. 214 01-16-23 3:01 PM
3434 - 2 -
35-26amended by Laws of Utah 2020, Chapter 31
36-27 20A-6-203, as last amended by Laws of Utah 2020, Chapter 31
37-28 20A-9-403, as last amended by Laws of Utah 2022, Chapter 325
38-29ENACTS:
39-30 20A-9-409.1, Utah Code Annotated 1953
40-31
41-32Be it enacted by the Legislature of the state of Utah:
42-33 Section 1. Section 20A-3a-601 is amended to read:
43-34 20A-3a-601. Early voting.
44-35 (1) Except as provided in Subsection 20A-9-409.1(4)(b) or Section 20A-7-609.5:
45-36 (a) an individual who is registered to vote may vote at a polling place before the
46-37election date in accordance with this section; and
47-38 (b) except as provided in Subsection 20A-2-207(6), an individual who is not registered
48-39to vote may register to vote and vote at a polling place before the election date in accordance
49-40with this section if the individual:
50-41 (i) is otherwise legally entitled to vote the ballot; and
51-42 (ii) casts a provisional ballot in accordance with Section 20A-2-207.
52-43 (2) Except as provided in Section 20A-1-308 or Subsection (3), the early voting period:
53-44 (a) begins on the date that is 14 days before the date of the election; and
54-45 (b) continues through the Friday before the election if the election date is a Tuesday.
55-46 (3) (a) An election officer may extend the end of the early voting period to the day
56-47before the election date if the election officer provides notice of the extension in accordance
57-48with Section 20A-3a-604.
58-49 (b) For a municipal election, the municipal clerk may reduce the early voting period
59-50described in this section if:
60-51 (i) the municipal clerk conducts early voting on at least four days;
61-52 (ii) the early voting days are within the period beginning on the date that is 14 days
62-53before the date of the election and ending on the day before the election; and
63-54 (iii) the municipal clerk provides notice of the reduced early voting period in
64-55accordance with Section 20A-3a-604.
65-56 (c) For a county election, the county clerk may reduce the early voting period described 02-21-23 9:52 AM 1st Sub. (Buff) H.B. 214
35+28 None
36+29Utah Code Sections Affected:
37+30AMENDS:
38+31 20A-3a-601, as last amended by Laws of Utah 2020, Chapter 95 and renumbered and
39+32amended by Laws of Utah 2020, Chapter 31
40+33 20A-6-203, as last amended by Laws of Utah 2020, Chapter 31
41+34 20A-9-403, as last amended by Laws of Utah 2022, Chapter 325
42+35ENACTS:
43+36 20A-9-409.1, Utah Code Annotated 1953
44+37
45+38Be it enacted by the Legislature of the state of Utah:
46+39 Section 1. Section 20A-3a-601 is amended to read:
47+40 20A-3a-601. Early voting.
48+41 (1) Except as provided in Subsection 20A-9-409.1(4)(b) or Section 20A-7-609.5:
49+42 (a) an individual who is registered to vote may vote at a polling place before the
50+43election date in accordance with this section; and
51+44 (b) except as provided in Subsection 20A-2-207(6), an individual who is not registered
52+45to vote may register to vote and vote at a polling place before the election date in accordance
53+46with this section if the individual:
54+47 (i) is otherwise legally entitled to vote the ballot; and
55+48 (ii) casts a provisional ballot in accordance with Section 20A-2-207.
56+49 (2) Except as provided in Section 20A-1-308 or Subsection (3), the early voting period:
57+50 (a) begins on the date that is 14 days before the date of the election; and
58+51 (b) continues through the Friday before the election if the election date is a Tuesday.
59+52 (3) (a) An election officer may extend the end of the early voting period to the day
60+53before the election date if the election officer provides notice of the extension in accordance
61+54with Section 20A-3a-604.
62+55 (b) For a municipal election, the municipal clerk may reduce the early voting period
63+56described in this section if:
64+57 (i) the municipal clerk conducts early voting on at least four days;
65+58 (ii) the early voting days are within the period beginning on the date that is 14 days 01-16-23 3:01 PM H.B. 214
6666 - 3 -
67-57in this section if:
68-58 (i) the county clerk conducts early voting on at least four days;
69-59 (ii) the early voting days are within the period beginning on the date that is 14 days
70-60before the date of the election and ending on the day before the election; and
71-61 (iii) the county clerk provides notice of the reduced early voting period in accordance
72-62with Section 20A-3a-604.
73-63 (4) Except as provided in Section 20A-1-308, during the early voting period, the
74-64election officer:
75-65 (a) for a local special election, a municipal primary election, and a municipal general
76-66election:
77-67 (i) shall conduct early voting on a minimum of four days during each week of the early
78-68voting period; and
79-69 (ii) shall conduct early voting on the last day of the early voting period; and
80-70 (b) for all other elections:
81-71 (i) shall conduct early voting on each weekday; and
82-72 (ii) may elect to conduct early voting on a Saturday, Sunday, or holiday.
83-73 (5) Except as specifically provided in this Part 6, Early Voting, or Section 20A-1-308,
84-74early voting shall be administered in accordance with the requirements of this title.
85-75 Section 2. Section 20A-6-203 is amended to read:
86-76 20A-6-203. Ballots for regular primary elections.
87-77 (1) The lieutenant governor, together with county clerks, suppliers of election
88-78materials, and representatives of registered political parties, shall:
89-79 (a) develop ballots to be used in Utah's regular primary election;
90-80 (b) except to the extent otherwise provided in Subsection 20A-9-409.1(6), ensure that
91-81the ballots comply generally, where applicable, with the requirements of [Title 20A, Chapter 6,
92-82Part 1, General Requirements for All Ballots] Part 1, General Requirements for All Ballots, and
93-83this section; and
94-84 (c) provide voting booths, election records and supplies, ballot boxes, and as
95-85applicable, voting devices, for each voting precinct as required by Section 20A-5-403.
96-86 (2) (a) Notwithstanding the requirements of Subsections (1)(b) and (c), [Title 20A,
97-87Chapter 6, Part 1, General Requirements for All Ballots] Part 1, General Requirements for All 1st Sub. (Buff) H.B. 214 02-21-23 9:52 AM
67+59before the date of the election and ending on the day before the election; and
68+60 (iii) the municipal clerk provides notice of the reduced early voting period in
69+61accordance with Section 20A-3a-604.
70+62 (c) For a county election, the county clerk may reduce the early voting period described
71+63in this section if:
72+64 (i) the county clerk conducts early voting on at least four days;
73+65 (ii) the early voting days are within the period beginning on the date that is 14 days
74+66before the date of the election and ending on the day before the election; and
75+67 (iii) the county clerk provides notice of the reduced early voting period in accordance
76+68with Section 20A-3a-604.
77+69 (4) Except as provided in Section 20A-1-308, during the early voting period, the
78+70election officer:
79+71 (a) for a local special election, a municipal primary election, and a municipal general
80+72election:
81+73 (i) shall conduct early voting on a minimum of four days during each week of the early
82+74voting period; and
83+75 (ii) shall conduct early voting on the last day of the early voting period; and
84+76 (b) for all other elections:
85+77 (i) shall conduct early voting on each weekday; and
86+78 (ii) may elect to conduct early voting on a Saturday, Sunday, or holiday.
87+79 (5) Except as specifically provided in this Part 6, Early Voting, or Section 20A-1-308,
88+80early voting shall be administered in accordance with the requirements of this title.
89+81 Section 2. Section 20A-6-203 is amended to read:
90+82 20A-6-203. Ballots for regular primary elections.
91+83 (1) The lieutenant governor, together with county clerks, suppliers of election
92+84materials, and representatives of registered political parties, shall:
93+85 (a) develop ballots to be used in Utah's regular primary election;
94+86 (b) except to the extent otherwise provided in Subsection 20A-9-409.1(6), ensure that
95+87the ballots comply generally, where applicable, with the requirements of [Title 20A, Chapter 6,
96+88Part 1, General Requirements for All Ballots] Part 1, General Requirements for All Ballots, and
97+89this section; and H.B. 214 01-16-23 3:01 PM
9898 - 4 -
99-88Ballots, and Sections 20A-5-403, 20A-6-401, and 20A-6-401.1, the lieutenant governor,
100-89together with county clerks, suppliers of election materials, and representatives of registered
101-90political parties shall ensure that the ballots, voting booths, election records and supplies, and
102-91ballot boxes:
103-92 (i) facilitate the distribution, voting, and tallying of ballots in a primary where not all
104-93voters are authorized to vote for a party's candidate;
105-94 (ii) simplify the task of poll workers, particularly in determining a voter's party
106-95affiliation;
107-96 (iii) minimize the possibility of spoiled ballots due to voter confusion; and
108-97 (iv) protect against fraud.
109-98 (b) To accomplish the requirements of this Subsection (2), the lieutenant governor,
110-99county clerks, suppliers of election materials, and representatives of registered political parties
111-100shall:
112-101 (i) mark ballots as being for a particular registered political party; and
113-102 (ii) instruct individuals counting the ballots to count only those votes for candidates
114-103from the registered political party whose ballot the voter received.
115-104 Section 3. Section 20A-9-403 is amended to read:
116-105 20A-9-403. Regular primary elections -- Candidate nomination process for a
117-106registered political party that is not a qualified political party -- Determining winning
118-107nominee for any registered political party, including a qualified political party -- Election
119-108expenses.
120-109 (1) (a) The candidate nomination process described in this Subsection (1) through
121-110Subsection (4) applies to a registered political party that is not a qualified political party.
122-111 [(a)] (b) Candidates for elective office that are to be filled at the next regular general
123-112election shall be nominated in a regular primary election by direct vote of the people in the
124-113manner [prescribed] described in this section and, as applicable, Section 20A-9-409.1. The
125-114regular primary election is held on the date specified in Section 20A-1-201.5. Nothing in this
126-115section shall affect a candidate's ability to qualify for a regular general election's ballot as an
127-116unaffiliated candidate under Section 20A-9-501 or to participate in a regular general election as
128-117a write-in candidate under Section 20A-9-601.
129-118 [(b)] (c) Each registered political party that chooses to have the names of the registered 02-21-23 9:52 AM 1st Sub. (Buff) H.B. 214
99+90 (c) provide voting booths, election records and supplies, ballot boxes, and as
100+91applicable, voting devices, for each voting precinct as required by Section 20A-5-403.
101+92 (2) (a) Notwithstanding the requirements of Subsections (1)(b) and (c), [Title 20A,
102+93Chapter 6, Part 1, General Requirements for All Ballots] Part 1, General Requirements for All
103+94Ballots, and Sections 20A-5-403, 20A-6-401, and 20A-6-401.1, the lieutenant governor,
104+95together with county clerks, suppliers of election materials, and representatives of registered
105+96political parties shall ensure that the ballots, voting booths, election records and supplies, and
106+97ballot boxes:
107+98 (i) facilitate the distribution, voting, and tallying of ballots in a primary where not all
108+99voters are authorized to vote for a party's candidate;
109+100 (ii) simplify the task of poll workers, particularly in determining a voter's party
110+101affiliation;
111+102 (iii) minimize the possibility of spoiled ballots due to voter confusion; and
112+103 (iv) protect against fraud.
113+104 (b) To accomplish the requirements of this Subsection (2), the lieutenant governor,
114+105county clerks, suppliers of election materials, and representatives of registered political parties
115+106shall:
116+107 (i) mark ballots as being for a particular registered political party; and
117+108 (ii) instruct individuals counting the ballots to count only those votes for candidates
118+109from the registered political party whose ballot the voter received.
119+110 Section 3. Section 20A-9-403 is amended to read:
120+111 20A-9-403. Regular primary elections -- Candidate nomination process for a
121+112registered political party that is not a qualified political party -- Determining winning
122+113nominee for any registered political party, including a qualified political party -- Election
123+114expenses.
124+115 (1) (a) The candidate nomination process described in this Subsection (1) through
125+116Subsection (4) applies to a registered political party that is not a qualified political party.
126+117 [(a)] (b) Candidates for elective office that are to be filled at the next regular general
127+118election shall be nominated in a regular primary election by direct vote of the people in the
128+119manner [prescribed] described in this section and, as applicable, Section 20A-9-409.1. The
129+120regular primary election is held on the date specified in Section 20A-1-201.5. Nothing in this 01-16-23 3:01 PM H.B. 214
130130 - 5 -
131-119political party's candidates for elective office featured with party affiliation on the ballot at a
132-120regular general election shall comply with the requirements of this section and shall nominate
133-121the registered political party's candidates for elective office in the manner described in this
134-122section.
135-123 [(c)] (d) A filing officer may not permit an official ballot at a regular general election
136-124to be produced or used if the ballot denotes affiliation between a registered political party or
137-125any other political group and a candidate for elective office who is not nominated in the manner
138-126prescribed in this section or in Subsection 20A-9-202(4).
139-127 [(d)] (e) Unless noted otherwise, the dates in this section refer to those that occur in
140-128each even-numbered year in which a regular general election will be held.
141-129 (2) (a) Each registered political party, in a statement filed with the lieutenant governor,
142-130shall:
143-131 (i) either declare the registered political party's intent to participate in the next regular
144-132primary election or declare that the registered political party chooses not to have the names of
145-133the registered political party's candidates for elective office featured on the ballot at the next
146-134regular general election; and
147-135 (ii) if the registered political party participates in the upcoming regular primary
148-136election, identify one or more registered political parties whose members may vote for the
149-137registered political party's candidates and whether individuals identified as unaffiliated with a
150-138political party may vote for the registered political party's candidates.
151-139 (b) (i) A registered political party that is a continuing political party shall file the
152-140statement described in Subsection (2)(a) with the lieutenant governor no later than 5 p.m. on
153-141November 30 of each odd-numbered year.
154-142 (ii) An organization that is seeking to become a registered political party under Section
155-14320A-8-103 shall file the statement described in Subsection (2)(a) at the time that the registered
156-144political party files the petition described in Section 20A-8-103.
157-145 (3) (a) Except as provided in Subsection (3)(e), an individual who submits a
158-146declaration of candidacy under Section 20A-9-202 shall appear as a candidate for elective
159-147office on the regular primary ballot of the registered political party listed on the declaration of
160-148candidacy only if the individual is certified by the appropriate filing officer as having submitted
161-149a nomination petition that was: 1st Sub. (Buff) H.B. 214 02-21-23 9:52 AM
131+121section shall affect a candidate's ability to qualify for a regular general election's ballot as an
132+122unaffiliated candidate under Section 20A-9-501 or to participate in a regular general election as
133+123a write-in candidate under Section 20A-9-601.
134+124 [(b)] (c) Each registered political party that chooses to have the names of the registered
135+125political party's candidates for elective office featured with party affiliation on the ballot at a
136+126regular general election shall comply with the requirements of this section and shall nominate
137+127the registered political party's candidates for elective office in the manner described in this
138+128section.
139+129 [(c)] (d) A filing officer may not permit an official ballot at a regular general election
140+130to be produced or used if the ballot denotes affiliation between a registered political party or
141+131any other political group and a candidate for elective office who is not nominated in the manner
142+132prescribed in this section or in Subsection 20A-9-202(4).
143+133 [(d)] (e) Unless noted otherwise, the dates in this section refer to those that occur in
144+134each even-numbered year in which a regular general election will be held.
145+135 (2) (a) Each registered political party, in a statement filed with the lieutenant governor,
146+136shall:
147+137 (i) either declare the registered political party's intent to participate in the next regular
148+138primary election or declare that the registered political party chooses not to have the names of
149+139the registered political party's candidates for elective office featured on the ballot at the next
150+140regular general election; and
151+141 (ii) if the registered political party participates in the upcoming regular primary
152+142election, identify one or more registered political parties whose members may vote for the
153+143registered political party's candidates and whether individuals identified as unaffiliated with a
154+144political party may vote for the registered political party's candidates.
155+145 (b) (i) A registered political party that is a continuing political party shall file the
156+146statement described in Subsection (2)(a) with the lieutenant governor no later than 5 p.m. on
157+147November 30 of each odd-numbered year.
158+148 (ii) An organization that is seeking to become a registered political party under Section
159+14920A-8-103 shall file the statement described in Subsection (2)(a) at the time that the registered
160+150political party files the petition described in Section 20A-8-103.
161+151 (3) (a) Except as provided in Subsection (3)(e), an individual who submits a H.B. 214 01-16-23 3:01 PM
162162 - 6 -
163-150 (i) circulated and completed in accordance with Section 20A-9-405; and
164-151 (ii) signed by at least 2% of the registered political party's members who reside in the
165-152political division of the office that the individual seeks.
166-153 (b) (i) A candidate for elective office shall submit signatures for a nomination petition
167-154to the appropriate filing officer for verification and certification no later than 5 p.m. on the final
168-155day in March.
169-156 (ii) A candidate may supplement the candidate's submissions at any time on or before
170-157the filing deadline.
171-158 (c) (i) The lieutenant governor shall determine for each elective office the total number
172-159of signatures that must be submitted under Subsection (3)(a)(ii) or 20A-9-408(8) by counting
173-160the aggregate number of individuals residing in each elective office's political division who
174-161have designated a particular registered political party on the individuals' voter registration
175-162forms on or before November 15 of each odd-numbered year.
176-163 (ii) The lieutenant governor shall publish the determination for each elective office no
177-164later than November 30 of each odd-numbered year.
178-165 (d) The filing officer shall:
179-166 (i) except as otherwise provided in Section 20A-21-201, verify signatures on
180-167nomination petitions in a transparent and orderly manner, no later than 14 days after the day on
181-168which a candidate submits the signatures to the filing officer;
182-169 (ii) for all qualifying candidates for elective office who submit nomination petitions to
183-170the filing officer, issue certifications referenced in Subsection (3)(a) no later than the deadline
184-171described in Subsection 20A-9-202(1)(b);
185-172 (iii) consider active and inactive voters eligible to sign nomination petitions;
186-173 (iv) consider an individual who signs a nomination petition a member of a registered
187-174political party for purposes of Subsection (3)(a)(ii) if the individual has designated that
188-175registered political party as the individual's party membership on the individual's voter
189-176registration form; and
190-177 (v) except as otherwise provided in Section 20A-21-201, utilize procedures described
191-178in Section 20A-7-206.3 to verify submitted nomination petition signatures, or use statistical
192-179sampling procedures to verify submitted nomination petition signatures in accordance with
193-180rules made under Subsection (3)(f). 02-21-23 9:52 AM 1st Sub. (Buff) H.B. 214
163+152declaration of candidacy under Section 20A-9-202 shall appear as a candidate for elective
164+153office on the regular primary ballot of the registered political party listed on the declaration of
165+154candidacy only if the individual is certified by the appropriate filing officer as having submitted
166+155a nomination petition that was:
167+156 (i) circulated and completed in accordance with Section 20A-9-405; and
168+157 (ii) signed by at least 2% of the registered political party's members who reside in the
169+158political division of the office that the individual seeks.
170+159 (b) (i) A candidate for elective office shall submit signatures for a nomination petition
171+160to the appropriate filing officer for verification and certification no later than 5 p.m. on the final
172+161day in March.
173+162 (ii) A candidate may supplement the candidate's submissions at any time on or before
174+163the filing deadline.
175+164 (c) (i) The lieutenant governor shall determine for each elective office the total number
176+165of signatures that must be submitted under Subsection (3)(a)(ii) or 20A-9-408(8) by counting
177+166the aggregate number of individuals residing in each elective office's political division who
178+167have designated a particular registered political party on the individuals' voter registration
179+168forms on or before November 15 of each odd-numbered year.
180+169 (ii) The lieutenant governor shall publish the determination for each elective office no
181+170later than November 30 of each odd-numbered year.
182+171 (d) The filing officer shall:
183+172 (i) except as otherwise provided in Section 20A-21-201, verify signatures on
184+173nomination petitions in a transparent and orderly manner, no later than 14 days after the day on
185+174which a candidate submits the signatures to the filing officer;
186+175 (ii) for all qualifying candidates for elective office who submit nomination petitions to
187+176the filing officer, issue certifications referenced in Subsection (3)(a) no later than the deadline
188+177described in Subsection 20A-9-202(1)(b);
189+178 (iii) consider active and inactive voters eligible to sign nomination petitions;
190+179 (iv) consider an individual who signs a nomination petition a member of a registered
191+180political party for purposes of Subsection (3)(a)(ii) if the individual has designated that
192+181registered political party as the individual's party membership on the individual's voter
193+182registration form; and 01-16-23 3:01 PM H.B. 214
194194 - 7 -
195-181 (e) Notwithstanding any other provision in this Subsection (3), a candidate for
196-182lieutenant governor may appear on the regular primary ballot of a registered political party
197-183without submitting nomination petitions if the candidate files a declaration of candidacy and
198-184complies with Subsection 20A-9-202(3).
199-185 (f) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
200-186director of elections, within the Office of the Lieutenant Governor, may make rules that:
201-187 (i) provide for the use of statistical sampling procedures that:
202-188 (A) filing officers are required to use to verify signatures under Subsection (3)(d); and
203-189 (B) reflect a bona fide effort to determine the validity of a candidate's entire
204-190submission, using widely recognized statistical sampling techniques; and
205-191 (ii) provide for the transparent, orderly, and timely submission, verification, and
206-192certification of nomination petition signatures.
207-193 (g) The county clerk shall:
208-194 (i) review the declarations of candidacy filed by candidates for local boards of
209-195education to determine if more than two candidates have filed for the same seat;
210-196 (ii) place the names of all candidates who have filed a declaration of candidacy for a
211-197local board of education seat on the nonpartisan section of the ballot if more than two
212-198candidates have filed for the same seat; and
213-199 (iii) determine the order of the local board of education candidates' names on the ballot
214-200in accordance with Section 20A-6-305.
215-201 (4) (a) Before the deadline described in Subsection 20A-9-409(4)(c), the lieutenant
216-202governor shall provide to the county clerks:
217-203 (i) a list of the names of all candidates for federal, constitutional, multi-county, single
218-204county, and county offices who have received certifications under Subsection (3), along with
219-205instructions on how those names shall appear on the primary election ballot in accordance with
220-206Section 20A-6-305; and
221-207 (ii) a list of unopposed candidates for elective office who have been nominated by a
222-208registered political party under Subsection (5)(c) and instruct the county clerks to exclude the
223-209unopposed candidates from the primary election ballot.
224-210 (b) A candidate for lieutenant governor and a candidate for governor campaigning as
225-211joint-ticket running mates shall appear jointly on the primary election ballot. 1st Sub. (Buff) H.B. 214 02-21-23 9:52 AM
195+183 (v) except as otherwise provided in Section 20A-21-201, utilize procedures described
196+184in Section 20A-7-206.3 to verify submitted nomination petition signatures, or use statistical
197+185sampling procedures to verify submitted nomination petition signatures in accordance with
198+186rules made under Subsection (3)(f).
199+187 (e) Notwithstanding any other provision in this Subsection (3), a candidate for
200+188lieutenant governor may appear on the regular primary ballot of a registered political party
201+189without submitting nomination petitions if the candidate files a declaration of candidacy and
202+190complies with Subsection 20A-9-202(3).
203+191 (f) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
204+192director of elections, within the Office of the Lieutenant Governor, may make rules that:
205+193 (i) provide for the use of statistical sampling procedures that:
206+194 (A) filing officers are required to use to verify signatures under Subsection (3)(d); and
207+195 (B) reflect a bona fide effort to determine the validity of a candidate's entire
208+196submission, using widely recognized statistical sampling techniques; and
209+197 (ii) provide for the transparent, orderly, and timely submission, verification, and
210+198certification of nomination petition signatures.
211+199 (g) The county clerk shall:
212+200 (i) review the declarations of candidacy filed by candidates for local boards of
213+201education to determine if more than two candidates have filed for the same seat;
214+202 (ii) place the names of all candidates who have filed a declaration of candidacy for a
215+203local board of education seat on the nonpartisan section of the ballot if more than two
216+204candidates have filed for the same seat; and
217+205 (iii) determine the order of the local board of education candidates' names on the ballot
218+206in accordance with Section 20A-6-305.
219+207 (4) (a) Before the deadline described in Subsection 20A-9-409(4)(c), the lieutenant
220+208governor shall provide to the county clerks:
221+209 (i) a list of the names of all candidates for federal, constitutional, multi-county, single
222+210county, and county offices who have received certifications under Subsection (3), along with
223+211instructions on how those names shall appear on the primary election ballot in accordance with
224+212Section 20A-6-305; and
225+213 (ii) a list of unopposed candidates for elective office who have been nominated by a H.B. 214 01-16-23 3:01 PM
226226 - 8 -
227-212 (c) After the county clerk receives the certified list from the lieutenant governor under
228-213Subsection (4)(a), the county clerk shall post or publish a primary election notice in
229-214substantially the following form:
230-215 "Notice is given that a primary election will be held Tuesday, June ____,
231-216________(year), to nominate party candidates for the parties and candidates for nonpartisan
232-217local school board positions listed on the primary ballot. The polling place for voting precinct
233-218____ is ____. The polls will open at 7 a.m. and continue open until 8 p.m. of the same day.
234-219Attest: county clerk."
235-220 (5) (a) A candidate who, at the regular primary election, receives the highest number of
236-221votes cast for the office sought by the candidate is:
237-222 (i) except as otherwise provided in Section 20A-9-409.1, nominated for that office by
238-223the candidate's registered political party; or
239-224 (ii) for a nonpartisan local school board position, nominated for that office.
240-225 (b) If two or more candidates are to be elected to the office at the regular general
241-226election, those party candidates equal in number to positions to be filled who receive the
242-227highest number of votes at the regular primary election are the nominees of the candidates'
243-228party for those positions.
244-229 (c) (i) As used in this Subsection (5)(c), a candidate is "unopposed" if:
245-230 (A) no individual other than the candidate receives a certification under Subsection (3)
246-231for the regular primary election ballot of the candidate's registered political party for a
247-232particular elective office; or
248-233 (B) for an office where more than one individual is to be elected or nominated, the
249-234number of candidates who receive certification under Subsection (3) for the regular primary
250-235election of the candidate's registered political party does not exceed the total number of
251-236candidates to be elected or nominated for that office.
252-237 (ii) A candidate who is unopposed for an elective office in the regular primary election
253-238of a registered political party is nominated by the party for that office without appearing on the
254-239primary election ballot.
255-240 (6) Except as otherwise provided in Section 20A-9-409.1:
256-241 (a) [When] when a tie vote occurs in any primary election for any national, state, or
257-242other office that represents more than one county, the governor, lieutenant governor, and 02-21-23 9:52 AM 1st Sub. (Buff) H.B. 214
227+214registered political party under Subsection (5)(c) and instruct the county clerks to exclude the
228+215unopposed candidates from the primary election ballot.
229+216 (b) A candidate for lieutenant governor and a candidate for governor campaigning as
230+217joint-ticket running mates shall appear jointly on the primary election ballot.
231+218 (c) After the county clerk receives the certified list from the lieutenant governor under
232+219Subsection (4)(a), the county clerk shall post or publish a primary election notice in
233+220substantially the following form:
234+221 "Notice is given that a primary election will be held Tuesday, June ____,
235+222________(year), to nominate party candidates for the parties and candidates for nonpartisan
236+223local school board positions listed on the primary ballot. The polling place for voting precinct
237+224____ is ____. The polls will open at 7 a.m. and continue open until 8 p.m. of the same day.
238+225Attest: county clerk."
239+226 (5) (a) A candidate who, at the regular primary election, receives the highest number of
240+227votes cast for the office sought by the candidate is:
241+228 (i) except as otherwise provided in Section 20A-9-409.1, nominated for that office by
242+229the candidate's registered political party; or
243+230 (ii) for a nonpartisan local school board position, nominated for that office.
244+231 (b) If two or more candidates are to be elected to the office at the regular general
245+232election, those party candidates equal in number to positions to be filled who receive the
246+233highest number of votes at the regular primary election are the nominees of the candidates'
247+234party for those positions.
248+235 (c) (i) As used in this Subsection (5)(c), a candidate is "unopposed" if:
249+236 (A) no individual other than the candidate receives a certification under Subsection (3)
250+237for the regular primary election ballot of the candidate's registered political party for a
251+238particular elective office; or
252+239 (B) for an office where more than one individual is to be elected or nominated, the
253+240number of candidates who receive certification under Subsection (3) for the regular primary
254+241election of the candidate's registered political party does not exceed the total number of
255+242candidates to be elected or nominated for that office.
256+243 (ii) A candidate who is unopposed for an elective office in the regular primary election
257+244of a registered political party is nominated by the party for that office without appearing on the 01-16-23 3:01 PM H.B. 214
258258 - 9 -
259-243attorney general shall, at a public meeting called by the governor and in the presence of the
260-244candidates involved, select the nominee by lot cast in whatever manner the governor
261-245determines[.]; and
262-246 (b) [When] when a tie vote occurs in any primary election for any county office, the
263-247district court judges of the district in which the county is located shall, at a public meeting
264-248called by the judges and in the presence of the candidates involved, select the nominee by lot
265-249cast in whatever manner the judges determine.
266-250 (7) The expense of providing all ballots, blanks, or other supplies to be used at any
267-251primary election provided for by this section, and all expenses necessarily incurred in the
268-252preparation for or the conduct of that primary election shall be paid out of the treasury of the
269-253county or state, in the same manner as for the regular general elections.
270-254 (8) An individual may not file a declaration of candidacy for a registered political party
271-255of which the individual is not a member, except to the extent that the registered political party
272-256permits otherwise under the registered political party's bylaws.
273-257 Section 4. Section 20A-9-409.1 is enacted to read:
274-258 20A-9-409.1. Determining winner of certain primary election races where a
275-259candidate does not receive a majority of the votes cast -- Runoff primary election for
276-260certain races -- Election requirements and notice.
277-261 (1) In a regular primary election race for a qualified political party, the election officer
278-262shall determine the winning nominee in accordance with Subsection (2) if:
279-263 (a) the race is to nominate a qualified political party candidate for United States
280-264senator, United States representative, governor, attorney general, state treasurer, state auditor,
281-265state senator, or state representative; and
282-266 (b) the candidate who receives the most votes in the initial primary election race does
283-267not receive more than 50% of the votes in the race.
284-268 (2) To determine the winning nominee for a race described in Subsection (1), the
285-269election officer shall declare as the nominee for that race the candidate who wins the runoff
286-270election, described in Subsection (4), between the two candidates who received the highest
287-271number of votes in the initial primary race.
288-272 (3) If a tie in the number of votes received in the initial primary election race makes it
289-273impossible to determine, under Subsection (2), the two candidates who received the highest 1st Sub. (Buff) H.B. 214 02-21-23 9:52 AM
259+245primary election ballot.
260+246 (6) Except as otherwise provided in Section 20A-9-409.1:
261+247 (a) [When] when a tie vote occurs in any primary election for any national, state, or
262+248other office that represents more than one county, the governor, lieutenant governor, and
263+249attorney general shall, at a public meeting called by the governor and in the presence of the
264+250candidates involved, select the nominee by lot cast in whatever manner the governor
265+251determines[.]; and
266+252 (b) [When] when a tie vote occurs in any primary election for any county office, the
267+253district court judges of the district in which the county is located shall, at a public meeting
268+254called by the judges and in the presence of the candidates involved, select the nominee by lot
269+255cast in whatever manner the judges determine.
270+256 (7) The expense of providing all ballots, blanks, or other supplies to be used at any
271+257primary election provided for by this section, and all expenses necessarily incurred in the
272+258preparation for or the conduct of that primary election shall be paid out of the treasury of the
273+259county or state, in the same manner as for the regular general elections.
274+260 (8) An individual may not file a declaration of candidacy for a registered political party
275+261of which the individual is not a member, except to the extent that the registered political party
276+262permits otherwise under the registered political party's bylaws.
277+263 Section 4. Section 20A-9-409.1 is enacted to read:
278+264 20A-9-409.1. Determining winner of certain primary election races where a
279+265candidate does not receive a majority of the votes cast -- Runoff primary election for
280+266certain races -- Election requirements and notice.
281+267 (1) In a regular primary election race for a qualified political party, the election officer
282+268shall determine the winning nominee in accordance with Subsection (2) if:
283+269 (a) the race is to nominate a qualified political party candidate for United States
284+270senator, United States representative, governor, attorney general, state treasurer, state auditor,
285+271state senator, or state representative; and
286+272 (b) the candidate who receives the most votes in the initial primary election race does
287+273not receive more than 50% of the votes in the race.
288+274 (2) To determine the winning nominee for a race described in Subsection (1), the
289+275election officer shall: H.B. 214 01-16-23 3:01 PM
290290 - 10 -
291-274number of votes in the initial primary race, the tie shall be broken, by lot, in the presence of the
292-275tied candidates or representatives of the tied candidates, by:
293-276 (a) the election officer; or
294-277 (b) if the election officer is the lieutenant governor and the race is for governor, one of
295-278the following, as designated by the lieutenant governor:
296-279 (i) the attorney general;
297-280 (ii) the state treasurer; or
298-281 (iii) the state auditor.
299-282 (4) To conduct a runoff election described in Subsection (2), the election officer shall:
300-283 (a) 35 days after the day of the regular primary election, hold a runoff election between
301-284the two candidates identified under Subsection (2);
302-285 (b) conduct the election in accordance with Section 20A-3a-202, except that the
303-286election officer may not provide early voting for the runoff election;
304-287 (c) provide notice of the runoff election by:
305-288 (i) (A) at least two days before the day of the election, publishing the notice in a
306-289newspaper of general circulation in the jurisdiction to which the election pertains;
307-290 (B) at least two days before the day of the election, posting one copy of the notice, and
308-291at least one additional copy per 2,000 population of the jurisdiction, in places within the
309-292jurisdiction that are most likely to give notice of the election to the voters in the jurisdiction,
310-293subject to a maximum of 10 notices; or
311-294 (C) at least five days before the day of the election, mailing the notice to each
312-295registered voter who resides in the jurisdiction to which the election pertains;
313-296 (ii) for 14 days before the day of the election, posting the notice on the Utah Public
314-297Notice Website, created in Section 63A-16-601; and
315-298 (iii) for 14 days before the day of the election, posting notice on the jurisdiction's
316-299website;
317-300 (d) except as provided in Subsection (5), include in the notice described in Subsection
318-301(4)(c):
319-302 (i) at the top of the notice, the following statement:
320-303 "NOTICE OF RUNOFF ELECTION
321-304 Notice is given that a runoff election will be held at the date and times indicated below 02-21-23 9:52 AM 1st Sub. (Buff) H.B. 214
291+276 (a) if the candidate who received the most votes in the race also received at least 60%
292+277of the delegate votes cast at the convention to qualify for the primary election for that race,
293+278declare that candidate the winning nominee; or
294+279 (b) if the candidate who received the most votes in the race did not receive at least 60%
295+280of the delegate votes cast at the convention to qualify for the primary election for that race,
296+281declare as the nominee for that race the candidate who wins the runoff election, described in
297+282Subsection (4), between the two candidates who received the highest number of votes in the
298+283initial primary race.
299+284 (3) (a) If a tie in the number of votes received in the initial primary election race makes
300+285it impossible to determine, under Subsection (2)(a), the candidate who received the most votes
301+286in the race, the tie shall be broken, by lot, in the presence of the tied candidates or
302+287representatives of the tied candidates, by:
303+288 (i) the election officer; or
304+289 (ii) if the election officer is the lieutenant governor and the race is for governor, one of
305+290the following, as designated by the lieutenant governor:
306+291 (A) the attorney general;
307+292 (B) the state treasurer; or
308+293 (C) the state auditor.
309+294 (b) If a tie in the number of votes received in the initial primary election race makes it
310+295impossible to determine, under Subsection (2)(b), the two candidates who received the highest
311+296number of votes in the initial primary race, the tie shall be broken, by lot, in the presence of the
312+297tied candidates or representatives of the tied candidates, by the individual described in
313+298Subsection (3)(a)(i) or (ii), as applicable.
314+299 (4) To conduct a runoff election described in Subsection (2)(b), the election officer
315+300shall:
316+301 (a) 35 days after the day of the regular primary election, hold a runoff election between
317+302the two candidates identified under Subsection (2)(b);
318+303 (b) conduct the election in accordance with Section 20A-3a-202, except that the
319+304election officer may not provide early voting for the runoff election;
320+305 (c) provide notice of the runoff election by:
321+306 (i) (A) at least two days before the day of the election, publishing the notice in a 01-16-23 3:01 PM H.B. 214
322322 - 11 -
323-305to nominate the candidate for the [name of registered political party] to run for [name of office]
324-306in the upcoming regular general election. The candidates in the runoff election are:
325-307 [list the names of the two candidates participating in the runoff election, in the same
326-308order as the candidates will appear on the ballot]
327-309 A voter who is eligible to vote in the primary election for the [insert the name of the
328-310applicable political party] may cast a vote in the runoff election";
329-311 (ii) the hours during which the polls will be open;
330-312 (iii) the polling places for each voting precinct and election day voting center;
331-313 (iv) the address of the Statewide Electronic Voter Information Website and the election
332-314officer's website, with a statement indicating that the election officer will post on the websites
333-315any changes to the location of a polling place and the location of any additional polling place;
334-316 (v) a phone number that a voter may call to obtain information regarding the location
335-317of a polling place; and
336-318 (vi) the qualifications for an individual to vote in the election; and
337-319 (e) no later than 14 days after the day of the election, declaring nominated by the
338-320applicable party:
339-321 (i) the candidate who receives the highest number of votes in the runoff election; or
340-322 (ii) in the case of a tie, the candidate selected by lot, in the presence of the tied
341-323candidates or representatives of the tied candidates, by the individual described in Subsection
342-324(3).
343-325 (5) Instead of including the information described in Subsection (4)(d) in the notice
344-326described in Subsection (4)(c), the election officer may include the following in the notice:
345-327 (a) the statement described in Subsection (4)(d)(i);
346-328 (b) the following statement: "The election will be held in [indicate the jurisdiction] on
347-329[indicate date of election]. Information relating to the election, including polling places, polling
348-330place hours, and qualifications of voters may be obtained from the following sources:"; and
349-331 (c) a list of the following sources where an individual may view or obtain the
350-332information described in Subsections (4)(d)(ii) through (vi):
351-333 (i) the jurisdiction's website;
352-334 (ii) the physical address of the jurisdiction offices; and
353-335 (iii) a mailing address and telephone number. 1st Sub. (Buff) H.B. 214 02-21-23 9:52 AM
323+307newspaper of general circulation in the jurisdiction to which the election pertains;
324+308 (B) at least two days before the day of the election, posting one copy of the notice, and
325+309at least one additional copy per 2,000 population of the jurisdiction, in places within the
326+310jurisdiction that are most likely to give notice of the election to the voters in the jurisdiction,
327+311subject to a maximum of 10 notices; or
328+312 (C) at least five days before the day of the election, mailing the notice to each
329+313registered voter who resides in the jurisdiction to which the election pertains;
330+314 (ii) for 14 days before the day of the election, posting the notice on the Utah Public
331+315Notice Website, created in Section 63A-16-601; and
332+316 (iii) for 14 days before the day of the election, posting notice on the jurisdiction's
333+317website;
334+318 (d) except as provided in Subsection (5), include in the notice described in Subsection
335+319(4)(c):
336+320 (i) at the top of the notice, the following statement:
337+321 "NOTICE OF RUNOFF ELECTION
338+322 Notice is given that a runoff election will be held at the date and times indicated below
339+323to nominate the candidate for the [name of registered political party] to run for [name of office]
340+324in the upcoming regular general election. The candidates in the runoff election are:
341+325 [list the names of the two candidates participating in the runoff election, in the same
342+326order as the candidates will appear on the ballot]
343+327 A voter who is eligible to vote in the primary election for the [insert the name of the
344+328applicable political party] may cast a vote in the runoff election";
345+329 (ii) the hours during which the polls will be open;
346+330 (iii) the polling places for each voting precinct and election day voting center;
347+331 (iv) the address of the Statewide Electronic Voter Information Website and the election
348+332officer's website, with a statement indicating that the election officer will post on the websites
349+333any changes to the location of a polling place and the location of any additional polling place;
350+334 (v) a phone number that a voter may call to obtain information regarding the location
351+335of a polling place; and
352+336 (vi) the qualifications for an individual to vote in the election; and
353+337 (e) no later than 14 days after the day of the election, declaring nominated by the H.B. 214 01-16-23 3:01 PM
354354 - 12 -
355-336 (6) (a) In order to comply with Chapter 16, Uniform Military and Overseas Voters Act,
356-337the election officer shall, when sending or providing a ballot under that chapter, provide the
357-338ability to rank the candidates in a regular primary election race, in the order the voter prefers
358-339the candidates, if the race may result in a runoff election under this section.
359-340 (b) To count a vote cast in a race described in Subsection (6)(a), where the voter
360-341ranked at least two of the candidates, the election officer shall:
361-342 (i) initially, only count a vote for the candidate the voter ranked highest; and
362-343 (ii) if the race results in a runoff election under this section, count a vote in the runoff
363-344election for the remaining candidate ranked highest by the voter.
355+338applicable party:
356+339 (i) the candidate who receives the highest number of votes in the runoff election; or
357+340 (ii) in the case of a tie, the candidate selected by lot, in the presence of the tied
358+341candidates or representatives of the tied candidates, by the individual described in Subsection
359+342(3).
360+343 (5) Instead of including the information described in Subsection (4)(d) in the notice
361+344described in Subsection (4)(c), the election officer may include the following in the notice:
362+345 (a) the statement described in Subsection (4)(d)(i);
363+346 (b) the following statement: "The election will be held in [indicate the jurisdiction] on
364+347[indicate date of election]. Information relating to the election, including polling places, polling
365+348place hours, and qualifications of voters may be obtained from the following sources:"; and
366+349 (c) a list of the following sources where an individual may view or obtain the
367+350information described in Subsections (4)(d)(ii) through (vi):
368+351 (i) the jurisdiction's website;
369+352 (ii) the physical address of the jurisdiction offices; and
370+353 (iii) a mailing address and telephone number.
371+354 (6) (a) In order to comply with Chapter 16, Uniform Military and Overseas Voters Act,
372+355the election officer shall, when sending or providing a ballot under that chapter, provide the
373+356ability to rank the candidates in a regular primary election race, in the order the voter prefers
374+357the candidates, if the race may result in a runoff election under this section.
375+358 (b) To count a vote cast in a race described in Subsection (6)(a), where the voter
376+359ranked at least two of the candidates, the election officer shall:
377+360 (i) initially, only count a vote for the candidate the voter ranked highest; and
378+361 (ii) if the race results in a runoff election under this section, count a vote in the runoff
379+362election for the remaining candidate ranked highest by the voter.