H.B. 393
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: M. Cipriano 6
6 02-06-23 10:22 AM 6
H.B. 393
1 PRIMARY BALLOT REQUI REMENTS
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Jordan D. Teuscher
5 Senate Sponsor: ____________
6
7LONG TITLE
8General Description:
9 This bill addresses the nomination for an elective office of a member of a qualified
10political party.
11Highlighted Provisions:
12 This bill:
13 <requires a qualified political party to report the results of a nominating convention
14to the lieutenant governor;
15 <provides that a qualified political party may opt-in to a nomination method where a
16candidate that receives 70% or more of the votes for an elective office at a
17nominating convention automatically eliminates a candidate nominated for that
18office through the signature-gathering process;
19 <provides that, under the nomination method described above, a candidate receiving
2070% or more of the votes at a nominating convention is not required to participate
21in the primary election in certain circumstances; and
22 <makes technical and conforming changes.
23Money Appropriated in this Bill:
24 None
25Other Special Clauses:
26 None
27Utah Code Sections Affected:
*HB0393* H.B. 393 02-06-23 10:22 AM
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28AMENDS:
29 20A-1-502, as last amended by Laws of Utah 2020, Chapter 13
30 20A-1-502.5, as enacted by Laws of Utah 2020, Chapter 13
31 20A-9-101, as last amended by Laws of Utah 2022, Chapters 13, 325
32 20A-9-406, as last amended by Laws of Utah 2022, Chapter 13
33 20A-9-407, as last amended by Laws of Utah 2022, Chapter 13
34 20A-9-408, as last amended by Laws of Utah 2022, Chapters 13, 325
35 20A-9-409, as last amended by Laws of Utah 2021, Second Special Session, Chapter 6
36ENACTS:
37 20A-9-408.7, Utah Code Annotated 1953
38
39Be it enacted by the Legislature of the state of Utah:
40 Section 1. Section 20A-1-502 is amended to read:
41 20A-1-502. Midterm vacancy in office of United States senator.
42 (1) Except as provided in Subsections (2) and (3), when a vacancy occurs in the office
43of United States senator, the governor shall, within seven days after the day on which the
44vacancy occurs, issue a proclamation calling a special congressional election to fill the vacancy
45that:
46 (a) sets a date for a primary congressional special election, and a later date for a general
47congressional special election, on the same day as one of the following elections:
48 (i) a municipal general election;
49 (ii) a presidential primary election;
50 (iii) a regular primary election; or
51 (iv) a regular general election;
52 (b) sets the date of the primary congressional special election on the same day as the
53next election described in Subsections (1)(a)(i) through (iv) that is more than 90 days after the
54day on which the governor issues the proclamation;
55 (c) sets the date of the general special congressional election on the same day as the
56next election described in Subsection (1)(a) that is more than 90 days after the primary special
57congressional election described in Subsection (1)(b);
58 (d) provides each registered political party that is not a qualified political party at least 02-06-23 10:22 AM H.B. 393
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5921 days, but no more than 28 days, to select one candidate, in a manner determined by the
60registered political party, as a candidate for the registered political party;
61 (e) subject to Section 20A-9-408.7, if applicable, for each qualified political party,
62provides at least 21 days, but no more than 28 days:
63 (i) for the qualified political party to select one candidate, using the convention process
64described in Section 20A-9-407, as a candidate for the qualified political party; and
65 (ii) for a member of the qualified political party to submit signatures to qualify as a
66candidate for the qualified political party using the signature-gathering process described in
67Section 20A-9-408;
68 (f) consistent with the requirements of this section, establishes the deadlines, time
69frames, and procedures for filing a declaration of candidacy, giving notice of an election, and
70other election requirements; and
71 (g) requires an election officer to comply with the requirements of Chapter 16,
72Uniform Military and Overseas Voters Act.
73 (2) (a) The governor may set a date for a primary special congressional election or a
74general special congressional election on a date other than a date described in Subsection (1)(a)
75if:
76 (i) on the same day on which the governor issues the proclamation described in
77Subsection (1) the governor calls a special session for the Legislature to appropriate money to
78hold the election on a different day; or
79 (ii) if the governor issues the proclamation described in Subsection (1) on or after
80January 1, but before the end of the general session of the Legislature, and requests in the
81proclamation described in Subsection (1) that the Legislature appropriate money to hold the
82election on a different day.
83 (b) If the Legislature does not, under Subsection (2)(a), appropriate money to hold the
84election on a different day, the proclamation described in Subsection (1) is void and the
85governor shall, within seven days after the day on which the Legislature declines to appropriate
86money to hold the election on a different day, issue a proclamation, in accordance with
87Subsection (1), that sets the special congressional primary and general elections on dates
88described in Subsections (1)(a)(i) through (iv).
89 (3) A special congressional election to fill a vacancy in the office of United States H.B. 393 02-06-23 10:22 AM
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90senator will not be held if:
91 (a) the next regular general election that occurs after the day on which the vacancy
92occurs is the regular general election that occurs immediately before the six-year term for the
93senate office ends; and
94 (b) the vacancy occurs after August 1 of the year before the regular general election
95described in Subsection (3)(a).
96 (4) (a) The governor shall appoint an individual to temporarily fill a vacancy in the
97office of United States senator from one of three individuals nominated by the Legislature,
98each of whom is a member of the political party of which the prior officeholder was a member
99at the time the prior officeholder was elected.
100 (b) The individual appointed under Subsection (4)(a) shall serve as United States
101senator until the earlier of the day on which:
102 (i) the vacancy is filled by election under Subsection (1) or (2); or
103 (ii) the six-year term for the senate office ends.
104 (5) An individual elected to fill a vacancy under this section shall serve until the end of
105the current term in which the vacancy filled by the election occurs.
106 (6) A vacancy in the office of United States senator does not occur unless the senator:
107 (a) has left the office; or
108 (b) submits an irrevocable letter of resignation to the governor or to the president of the
109United States Senate.
110 Section 2. Section 20A-1-502.5 is amended to read:
111 20A-1-502.5. Midterm vacancy in office of United States representative.
112 (1) Except as provided in Subsections (2) and (4), when a vacancy occurs in the office
113of United States representative, the governor shall, within seven days after the day on which the
114vacancy occurs, issue a proclamation calling a special congressional election to fill the vacancy
115that:
116 (a) sets a date for a primary congressional special election, and a later date for a general
117congressional special election, on the same day as one of the following elections:
118 (i) a municipal general election;
119 (ii) a presidential primary election;
120 (iii) a regular primary election; or 02-06-23 10:22 AM H.B. 393
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121 (iv) a regular general election;
122 (b) sets the date of the primary congressional special election on the same day as the
123next election described in Subsections (1)(a)(i) through (iv) that is more than 90 days after the
124day on which the governor issues the proclamation;
125 (c) sets the date of the general special congressional election on the same day as the
126next election described in Subsection (1)(a) that is more than 90 days after the primary special
127congressional election described in Subsection (1)(b);
128 (d) provides each registered political party that is not a qualified political party at least
12921 days, but no more than 28 days, to select one candidate, in a manner determined by the
130registered political party, as a candidate for the registered political party;
131 (e) subject to Section 20A-9-408.7, if applicable, for each qualified political party,
132provides at least 21 days, but no more than 28 days:
133 (i) for the qualified political party to select one candidate, using the convention process
134described in Section 20A-9-407, as a candidate for the qualified political party; and
135 (ii) for a member of the qualified political party to submit signatures to qualify as a
136candidate for the qualified political party using the signature-gathering process described in
137Section 20A-9-408;
138 (f) consistent with the requirements of this section, establishes the deadlines, time
139frames, and procedures for filing a declaration of candidacy, giving notice of an election, and
140other election requirements; and
141 (g) requires an election officer to comply with the requirements of Chapter 16,
142Uniform Military and Overseas Voters Act.
143 (2) The governor may set a date for a primary special congressional election or a
144general special congressional election on a date other than a date described in Subsection (1)(a)
145if:
146 (a) on the same day on which the governor issues the proclamation described in
147Subsection (1) the governor calls a special session for the Legislature to appropriate money to
148hold the election on a different day; or
149 (b) if the governor issues the proclamation described in Subsection (1) on or after
150January 1, but before the end of the general session of the Legislature, and requests in the
151proclamation described in Subsection (1) that the Legislature appropriate money to hold the H.B. 393 02-06-23 10:22 AM
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152election on a different day.
153 (3) If the Legislature does not, under Subsection (2), appropriate money to hold the
154election on a different day, the proclamation described in Subsection (1) is void and the
155governor shall, within seven days after the day on which the Legislature declines to appropriate
156money to hold the election on a different day, issue a proclamation, in accordance with
157Subsection (1), that sets the special congressional primary and general elections on dates
158described in Subsections (1)(a)(i) through (iv).
159 (4) A special congressional election to fill a vacancy in the office of United States
160representative will not be held if the vacancy occurs fewer than 180 days before the next
161regular general election.
162 (5) An individual who fills a vacancy under this section shall serve until the end of the
163current term in which the vacancy occurs.
164 (6) A vacancy in the office of United States representative does not occur unless the
165representative:
166 (a) has left the office; or
167 (b) submits an irrevocable letter of resignation to the governor or to the speaker of the
168United States House of Representatives.
169 Section 3. Section 20A-9-101 is amended to read:
170 20A-9-101. Definitions.
171 As used in this chapter:
172 (1) (a) "Candidates for elective office" means persons who file a declaration of
173candidacy under Section 20A-9-202 to run in a regular general election for a federal office,
174constitutional office, multicounty office, or county office.
175 (b) "Candidates for elective office" does not mean candidates for:
176 (i) justice or judge of court of record or not of record;
177 (ii) presidential elector;
178 (iii) any political party offices; and
179 (iv) municipal or local district offices.
180 (2) "Constitutional office" means the state offices of governor, lieutenant governor,
181attorney general, state auditor, and state treasurer.
182 (3) "Continuing political party" means the same as that term is defined in Section 02-06-23 10:22 AM H.B. 393
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18320A-8-101.
184 (4) (a) "County office" means an elective office where the officeholder is selected by
185voters entirely within one county.
186 (b) "County office" does not mean:
187 (i) the office of justice or judge of any court of record or not of record;
188 (ii) the office of presidential elector;
189 (iii) any political party offices;
190 (iv) any municipal or local district offices; and
191 (v) the office of United States Senator and United States Representative.
192 (5) "Electronic candidate qualification process" means:
193 (a) as it relates to a registered political party that is not a qualified political party, the
194process for gathering signatures electronically to seek the nomination of a registered political
195party, described in:
196 (i) Section 20A-9-403;
197 (ii) Section 20a-9-405, except Subsections 20A-9-405(3) and (5); and
198 (iii) Section 20A-21-201; and
199 (b) as it relates to a qualified political party, the process, for gathering signatures
200electronically to seek the nomination of a registered political party, described in:
201 (i) Section 20A-9-405, except Subsections 20A-9-405(3) and (5);
202 (ii) Section 20A-9-408; and
203 (iii) Section 20A-21-201.
204 (6) "Federal office" means an elective office for United States Senator and United
205States Representative.
206 (7) "Filing officer" means:
207 (a) the lieutenant governor, for:
208 (i) the office of United States Senator and United States Representative; and
209 (ii) all constitutional offices;
210 (b) for the office of a state senator or state representative, the lieutenant governor or the
211applicable clerk described in Subsection (7)(c) or (d);
212 (c) the county clerk, for county offices and local school district offices;
213 (d) the county clerk in the filer's county of residence, for multicounty offices; H.B. 393 02-06-23 10:22 AM
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214 (e) the city or town clerk, for municipal offices; or
215 (f) the local district clerk, for local district offices.
216 (8) "Local district office" means an elected office in a local district.
217 (9) "Local government office" includes county offices, municipal offices, and local
218district offices and other elective offices selected by the voters from a political division entirely
219within one county.
220 (10) "Manual candidate qualification process" means the process for gathering
221signatures to seek the nomination of a registered political party, using paper signature packets
222that a signer physically signs.
223 (11) (a) "Multicounty office" means an elective office where the officeholder is
224selected by the voters from more than one county.
225 (b) "Multicounty office" does not mean:
226 (i) a county office;
227 (ii) a federal office;
228 (iii) the office of justice or judge of any court of record or not of record;
229 (iv) the office of presidential elector;
230 (v) any political party offices; or
231 (vi) any municipal or local district offices.
232 (12) "Municipal office" means an elective office in a municipality.
233 (13) (a) "Political division" means a geographic unit from which an officeholder is
234elected and that an officeholder represents.
235 (b) "Political division" includes a county, a city, a town, a local district, a school
236district, a legislative district, and a county prosecution district.
237 (14) "Qualified political party" means a registered political party that:
238 (a) (i) permits a delegate for the registered political party to vote on a candidate
239nomination in the registered political party's convention remotely; or
240 (ii) provides a procedure for designating an alternate delegate if a delegate is not
241present at the registered political party's convention;
242 (b) does not hold the registered political party's convention before the fourth Saturday
243in March of an even-numbered year;
244 (c) subject to 20A-9-408.7, if applicable, permits a member of the registered political 02-06-23 10:22 AM H.B. 393
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245party to seek the registered political party's nomination for any elective office by the member
246choosing to seek the nomination by either or both of the following methods:
247 (i) seeking the nomination through the registered political party's convention process,
248in accordance with the provisions of Section 20A-9-407; or
249 (ii) seeking the nomination by collecting signatures, in accordance with the provisions
250of Section 20A-9-408; and
251 (d) (i) if the registered political party is a continuing political party, no later than 5 p.m.
252on the first Monday of October of an odd-numbered year, certifies to the lieutenant governor
253that, for the election in the following year, the registered political party intends to nominate the
254registered political party's candidates in accordance with the provisions of Section 20A-9-406;
255or
256 (ii) if the registered political party is not a continuing political party, certifies at the
257time that the registered political party files the petition described in Section 20A-8-103 that, for
258the next election, the registered political party intends to nominate the registered political
259party's candidates in accordance with the provisions of Section 20A-9-406.
260 (15) "Signature," as it relates to a petition for a candidate to seek the nomination of a
261registered political party, means:
262 (a) when using the manual candidate qualification process, a holographic signature
263collected physically on a nomination petition described in Subsection 20A-9-405(3); or
264 (b) when using the electronic candidate qualification process:
265 (i) an electronic signature collected under Subsection 20A-21-201(6)(c)(ii)(A); or
266 (ii) a holographic signature collected electronically under Subsection
26720A-21-201(6)(c)(ii)(B).
268 Section 4. Section 20A-9-406 is amended to read:
269 20A-9-406. Qualified political party -- Requirements and exemptions.
270 The following provisions apply to a qualified political party:
271 (1) the qualified political party shall, no later than 5 p.m. on the first Monday of
272October of each odd-numbered year, certify to the lieutenant governor the identity of one or
273more registered political parties whose members may vote for the qualified political party's
274candidates and whether unaffiliated voters may vote for the qualified political party's
275candidates; H.B. 393 02-06-23 10:22 AM
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276 (2) the following provisions do not apply to a nomination for the qualified political
277party:
278 (a) Subsections 20A-9-403(1) through (3)(b) and (3)(d) through (4)(a);
279 (b) Subsection 20A-9-403(5)(c); and
280 (c) Section 20A-9-405;
281 (3) subject to Section 20A-9-408.7, if applicable, an individual may only seek the
282nomination of the qualified political party by using a method described in Section 20A-9-407,
283Section 20A-9-408, or both;
284 (4) subject to Section 20A-9-408.7, if applicable, the qualified political party shall
285comply with the provisions of Sections 20A-9-407, 20A-9-408, and 20A-9-409;
286 (5) notwithstanding Subsection 20A-6-301(1)(a), (1)(e), or (2)(a), each election officer
287shall ensure that a ballot described in Section 20A-6-301 includes each individual nominated
288by a qualified political party:
289 (a) under the qualified political party's name , if any; or
290 (b) under the title of the qualified registered political party as designated by the
291qualified political party in the certification described in Subsection (1), or, if none is
292designated, then under some suitable title;
293 (6) notwithstanding Subsection 20A-6-302(1)(a), each election officer shall ensure, for
294ballots in regular general elections, that each candidate who is nominated by the qualified
295political party is listed by party;
296 (7) notwithstanding Subsection 20A-6-304(1)(e), each election officer shall ensure that
297the party designation of each candidate who is nominated by the qualified political party is
298displayed adjacent to the candidate's name on a mechanical ballot;
299 (8) "candidates for elective office," defined in Subsection 20A-9-101(1)(a), also
300includes an individual who files a declaration of candidacy under Section 20A-9-407 or
30120A-9-408 to run in a regular general election for a federal office, constitutional office,
302multicounty office, or county office;
303 (9) an individual who is nominated by, or seeking the nomination of, the qualified
304political party is not required to comply with Subsection 20A-9-201(1)(c);
305 (10) notwithstanding Subsection 20A-9-403(3), the qualified political party is entitled
306to have each of the qualified political party's candidates for elective office appear on the 02-06-23 10:22 AM H.B. 393
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307primary ballot of the qualified political party with an indication that each candidate is a
308candidate for the qualified political party;
309 (11) notwithstanding Subsection 20A-9-403(4)(a), the lieutenant governor shall include
310on the list provided by the lieutenant governor to the county clerks:
311 (a) the names of all candidates of the qualified political party for federal, constitutional,
312multicounty, and county offices; and
313 (b) the names of unopposed candidates for elective office who have been nominated by
314the qualified political party and instruct the county clerks to exclude such candidates from the
315primary-election ballot;
316 (12) notwithstanding Subsection 20A-9-403(5)(c), a candidate who is unopposed for an
317elective office in the regular primary election of the qualified political party is nominated by
318the party for that office without appearing on the primary ballot; and
319 (13) notwithstanding the provisions of Subsections 20A-9-403(1) and (2) and Section
32020A-9-405, the qualified political party is entitled to have the names of its candidates for
321elective office featured with party affiliation on the ballot at a regular general election.
322 Section 5. Section 20A-9-407 is amended to read:
323 20A-9-407. Convention process to seek the nomination of a qualified political
324party.
325 (1) This section describes the requirements for a member of a qualified political party
326who is seeking the nomination of a qualified political party for an elective office through the
327qualified political party's convention process.
328 (2) Notwithstanding Subsection 20A-9-201(7)(a), the form of the declaration of
329candidacy for a member of a qualified political party who is nominated by, or who is seeking
330the nomination of, the qualified political party under this section shall be substantially as
331described in Section 20A-9-408.5.
332 (3) Notwithstanding Subsection 20A-9-202(1)(a), and except as provided in Subsection
33320A-9-202(4), a member of a qualified political party who, under this section, is seeking the
334nomination of the qualified political party for an elective office that is to be filled at the next
335general election, shall:
336 (a) except as provided in Subsection 20A-9-202(1)(c), file a declaration of candidacy in
337person with the filing officer during the declaration of candidacy filing period described in H.B. 393 02-06-23 10:22 AM
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338Section 20A-9-201.5; and
339 (b) pay the filing fee.
340 (4) Notwithstanding Subsection 20A-9-202(2)(a), a member of a qualified political
341party who, under this section, is seeking the nomination of the qualified political party for the
342office of district attorney within a multicounty prosecution district that is to be filled at the next
343general election shall:
344 (a) file a declaration of candidacy with the county clerk designated in the interlocal
345agreement creating the prosecution district during the declaration of candidacy filing period
346described in Section 20A-9-201.5; and
347 (b) pay the filing fee.
348 (5) Notwithstanding Subsection 20A-9-202(3)(a)(iii), a lieutenant governor candidate
349who files as the joint-ticket running mate of an individual who is nominated by a qualified
350political party, under this section, for the office of governor shall, during the declaration of
351candidacy filing period described in Section 20A-9-201.5, file a declaration of candidacy and
352submit a letter from the candidate for governor that names the lieutenant governor candidate as
353a joint-ticket running mate.
354 (6) (a) A qualified political party that nominates a candidate under this section shall
355certify the name of the candidate to the lieutenant governor before the deadline described in
356Subsection 20A-9-202(1)(b).
357 (b) The lieutenant governor shall include, in the primary ballot certification or, for a
358race where a primary is not held because the candidate is unopposed, in the general election
359ballot certification, the name of each candidate nominated by a qualified political party under
360this section.
361 (7) Notwithstanding Subsection 20A-9-701(2), the ballot shall, for each candidate who
362is nominated by a qualified political party under this section, designate the qualified political
363party that nominated the candidate.
364 (8) A qualified political party that nominates one or more candidates under this section
365shall certify the convention results to the lieutenant governor before the deadline described in
366Subsection 20A-9-202(1)(b).
367 (9) The convention results shall include, for each race for the nomination for an office:
368 (a) the name of each convention candidate seeking the party's nomination for that 02-06-23 10:22 AM H.B. 393
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369office;
370 (b) an explanation of the voting method used by the qualified political party to
371nominate and eliminate convention candidates for that office; and
372 (c) the percentage of the votes received by each candidate in each round of voting.
373 Section 6. Section 20A-9-408 is amended to read:
374 20A-9-408. Signature-gathering process to seek the nomination of a qualified
375political party.
376 (1) This section describes the requirements for a member of a qualified political party
377who is seeking the nomination of the qualified political party for an elective office through the
378signature-gathering process described in this section.
379 (2) Notwithstanding Subsection 20A-9-201(7)(a), the form of the declaration of
380candidacy for a member of a qualified political party who is nominated by, or who is seeking
381the nomination of, the qualified political party under this section shall be substantially as
382described in Section 20A-9-408.5.
383 (3) Notwithstanding Subsection 20A-9-202(1)(a), and except as provided in Subsection
38420A-9-202(4), a member of a qualified political party who, under this section, is seeking the
385nomination of the qualified political party for an elective office that is to be filled at the next
386general election shall:
387 (a) during the declaration of candidacy filing period described in Section 20A-9-201.5,
388and before gathering signatures under this section, file with the filing officer on a form
389approved by the lieutenant governor a notice of intent to gather signatures for candidacy that
390includes:
391 (i) the name of the member who will attempt to become a candidate for a registered
392political party under this section;
393 (ii) the name of the registered political party for which the member is seeking
394nomination;
395 (iii) the office for which the member is seeking to become a candidate;
396 (iv) the address and telephone number of the member; and
397 (v) other information required by the lieutenant governor;
398 (b) except as provided in Subsection 20A-9-202(1)(c), file a declaration of candidacy,
399in person, with the filing officer during the declaration of candidacy filing period described in H.B. 393 02-06-23 10:22 AM
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400Section 20A-9-201.5; and
401 (c) pay the filing fee.
402 (4) Notwithstanding Subsection 20A-9-202(2)(a), a member of a qualified political
403party who, under this section, is seeking the nomination of the qualified political party for the
404office of district attorney within a multicounty prosecution district that is to be filled at the next
405general election shall:
406 (a) during the declaration of candidacy filing period described in Section 20A-9-201.5,
407and before gathering signatures under this section, file with the filing officer on a form
408approved by the lieutenant governor a notice of intent to gather signatures for candidacy that
409includes:
410 (i) the name of the member who will attempt to become a candidate for a registered
411political party under this section;
412 (ii) the name of the registered political party for which the member is seeking
413nomination;
414 (iii) the office for which the member is seeking to become a candidate;
415 (iv) the address and telephone number of the member; and
416 (v) other information required by the lieutenant governor;
417 (b) except as provided in Subsection 20A-9-202(1)(c), file a declaration of candidacy,
418in person, with the filing officer during the declaration of candidacy filing period described in
419Section 20A-9-201.5; and
420 (c) pay the filing fee.
421 (5) Notwithstanding Subsection 20A-9-202(3)(a)(iii), a lieutenant governor candidate
422who files as the joint-ticket running mate of an individual who is nominated by a qualified
423political party, under this section, for the office of governor shall, during the declaration of
424candidacy filing period described in Section 20A-9-201.5, file a declaration of candidacy and
425submit a letter from the candidate for governor that names the lieutenant governor candidate as
426a joint-ticket running mate.
427 (6) [The] Subject to Section 20A-9-408.7, if applicable, the lieutenant governor shall
428ensure that the certification described in Subsection 20A-9-701(1) also includes the name of
429each candidate nominated by a qualified political party under this section.
430 (7) Notwithstanding Subsection 20A-9-701(2), the ballot shall, for each candidate who 02-06-23 10:22 AM H.B. 393
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431is nominated by a qualified political party under this section, designate the qualified political
432party that nominated the candidate.
433 (8) [A] Subject to Section 20A-9-408.7, if applicable, a member of a qualified political
434party may seek the nomination of the qualified political party for an elective office by:
435 (a) complying with the requirements described in this section; and
436 (b) collecting signatures, on a form approved by the lieutenant governor that complies
437with Subsection 20A-9-405(3), during the period beginning on the day on which the member
438files a notice of intent to gather signatures and ending at 5 p.m. 14 days before the day on
439which the qualified political party's convention for the office is held, in the following amounts:
440 (i) for a statewide race, 28,000 signatures of registered voters in the state who are
441permitted by the qualified political party to vote for the qualified political party's candidates in
442a primary election;
443 (ii) for a congressional district race, 7,000 signatures of registered voters who are
444residents of the congressional district and are permitted by the qualified political party to vote
445for the qualified political party's candidates in a primary election;
446 (iii) for a state Senate district race, 2,000 signatures of registered voters who are
447residents of the state Senate district and are permitted by the qualified political party to vote for
448the qualified political party's candidates in a primary election;
449 (iv) for a state House district race, 1,000 signatures of registered voters who are
450residents of the state House district and are permitted by the qualified political party to vote for
451the qualified political party's candidates in a primary election;
452 (v) for a State Board of Education race, the lesser of:
453 (A) 2,000 signatures of registered voters who are residents of the State Board of
454Education district and are permitted by the qualified political party to vote for the qualified
455political party's candidates in a primary election; or
456 (B) 3% of the registered voters of the qualified political party who are residents of the
457applicable State Board of Education district; and
458 (vi) for a county office race, signatures of 3% of the registered voters who are residents
459of the area permitted to vote for the county office and are permitted by the qualified political
460party to vote for the qualified political party's candidates in a primary election.
461 (9) (a) This Subsection (9) applies only to the manual candidate qualification process. H.B. 393 02-06-23 10:22 AM
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462 (b) [In] Subject to Section 20A-9-408.7, if applicable, in order for a member of the
463qualified political party to qualify as a candidate for the qualified political party's nomination
464for an elective office under this section, using the manual candidate qualification process, the
465member shall:
466 (i) collect the signatures on a form approved by the lieutenant governor, using the same
467circulation and verification requirements described in Sections 20A-7-204 and 20A-7-205; and
468 (ii) submit the signatures to the election officer before 5 p.m. no later than 14 days
469before the day on which the qualified political party holds the party's convention to select
470candidates, for the elective office, for the qualified political party's nomination.
471 (c) Upon timely receipt of the signatures described in Subsections (8) and (9)(b), the
472election officer shall, no later than the earlier of 14 days after the day on which the election
473officer receives the signatures, or one day before the day on which the qualified political party
474holds the convention to select a nominee for the elective office to which the signature packets
475relate:
476 (i) check the name of each individual who completes the verification for a signature
477packet to determine whether each individual is a resident of Utah and is at least 18 years old;
478 (ii) submit the name of each individual described in Subsection (9)(c)(i) who is not a
479Utah resident or who is not at least 18 years old to the attorney general and the county attorney;
480 (iii) determine whether each signer is a registered voter who is qualified to sign the
481petition, using the same method, described in Section 20A-7-206.3, used to verify a signature
482on a petition; and
483 (iv) certify whether each name is that of a registered voter who is qualified to sign the
484signature packet.
485 (10) (a) This Subsection (10) applies only to the electronic candidate qualification
486process.
487 (b) [In] Subject to Section 20A-9-408.7, if applicable, in order for a member of the
488qualified political party to qualify as a candidate for the qualified political party's nomination
489for an elective office under this section, the member shall, before 5 p.m. no later than 14 days
490before the day on which the qualified political party holds the party's convention to select
491candidates, for the elective office, for the qualified political party's nomination, collect
492signatures electronically: 02-06-23 10:22 AM H.B. 393
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493 (i) in accordance with Section 20A-21-201; and
494 (ii) using progressive screens, in a format approved by the lieutenant governor, that
495complies with Subsection 20A-9-405(4).
496 (c) Upon timely receipt of the signatures described in Subsections (8) and (9)(b), the
497election officer shall, no later than the earlier of 14 days after the day on which the election
498officer receives the signatures, or one day before the day on which the qualified political party
499holds the convention to select a nominee for the elective office to which the signature packets
500relate:
501 (i) check the name of each individual who completes the verification for a signature to
502determine whether each individual is a resident of Utah and is at least 18 years old; and
503 (ii) submit the name of each individual described in Subsection (10)(c)(i) who is not a
504Utah resident or who is not at least 18 years old to the attorney general and the county attorney.
505 (11) (a) An individual may not gather signatures under this section until after the
506individual files a notice of intent to gather signatures for candidacy described in this section.
507 (b) An individual who files a notice of intent to gather signatures for candidacy,
508described in Subsection (3)(a) or (4)(a), is, beginning on the day on which the individual files
509the notice of intent to gather signatures for candidacy:
510 (i) required to comply with the reporting requirements that a candidate for office is
511required to comply with; and
512 (ii) subject to the same enforcement provisions, and civil and criminal penalties, that
513apply to a candidate for office in relation to the reporting requirements described in Subsection
514(11)(b)(i).
515 (c) Upon timely receipt of the signatures described in Subsections (8) and (9)(b), or
516Subsections (8) and (10)(b), the election officer shall, no later than one day before the day on
517which the qualified political party holds the convention to select a nominee for the elective
518office to which the signature packets relate, notify the qualified political party and the
519lieutenant governor of the name of each member of the qualified political party who qualifies
520as a nominee of the qualified political party, under this section, for the elective office to which
521the convention relates.
522 (d) Upon receipt of a notice of intent to gather signatures for candidacy described in
523this section, the lieutenant governor shall post the notice of intent to gather signatures for H.B. 393 02-06-23 10:22 AM
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524candidacy on the lieutenant governor's website in the same location that the lieutenant governor
525posts a declaration of candidacy.
526 Section 7. Section 20A-9-408.7 is enacted to read:
527 20A-9-408.7. Elimination of candidate nominated by signature-gathering.
528 (1) A qualified political party may elect to nominate candidates for a partisan elective
529office in accordance with the candidate elimination process described in this section.
530 (2) (a) Subject to Subsection (3), if a qualified political party nominates a candidate for
531a partisan elective office under Section 20A-9-407, the candidate nominated for that office
532eliminates any other candidate that otherwise qualifies for placement on the ballot under
533Section 20A-9-408 if, in the first round where any candidate receives more than 50% of the
534votes cast by the voters at the convention, that candidate receives at least 70% of the votes cast
535by the voters at a convention.
536 (b) A qualified political party, in a statement filed with the election officer, shall
537declare the qualified political party's intent to nominate candidates for an elective office in
538accordance with Subsection (2)(a):
539 (i) no later than 5:00 p.m. on the first Monday in October in each odd-numbered year;
540and
541 (ii) for a convention to fill a mid-term vacancy in the office of United States senator or
542United States representative, no later than 5:00 p.m. the day after the day on which the
543governor issues the proclamation described in Subsection 20A-1-502(1) or Subsection
54420A-1-502.5(1).
545 (c) (i) A qualified political party may withdraw the statement described in Subsection
546(2)(b)(i) no later than 5:00 p.m. on November 30 of the year in which the statement is filed.
547 (ii) A qualified political party may not withdraw a statement filed under Subsection
548(2)(b)(ii).
549 (3) The candidate elimination process described in Subsection (2)(a) only applies if:
550 (a) a qualified political party timely files the statement described in Subsection (2)(b)(i)
551or (ii), as applicable; and
552 (b) for the regular primary election, the qualified political party does not withdraw the
553statement on or before the deadline described in Subsection (2)(c)(i).
554 Section 8. Section 20A-9-409 is amended to read: 02-06-23 10:22 AM H.B. 393
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555 20A-9-409. Primary election provisions relating to qualified political party.
556 (1) The regular primary election is held on the date specified in Section 20A-1-201.5.
557 (2) (a) A qualified political party that nominates one or more candidates for an elective
558office under Section 20A-9-407 and does not have a candidate qualify as a candidate for that
559office under Section 20A-9-408, may, but is not required to, participate in the primary election
560for that office.
561 (b) A qualified political party that has only one candidate qualify as a candidate for an
562elective office under Section 20A-9-408 and does not nominate a candidate for that office
563under Section 20A-9-407, may, but is not required to, participate in the primary election for
564that office.
565 (c) A qualified political party that nominates only one candidate for an elective office
566under Section 20A-9-407 and has one or more candidates qualify as a candidate for that office
567under Section 20A-9-408, may, but is not required to, participate in the primary election for
568that office if:
569 (i) the qualified political party nominates candidates for an elective office under the
570candidate elimination process described in Section 20A-9-408.7; and
571 (ii) the nomination of the candidate or candidates that qualify for the elective office
572under Section 20A-9-408 are, pursuant to Section 20A-9-408.7, eliminated by the nomination
573of the candidate for that office under Section 20A-9-407.
574 [(c)] (d) A qualified political party that nominates one or more candidates for an
575elective office under Section 20A-9-407 and has one or more candidates qualify as a candidate
576for that office under Section 20A-9-408 shall participate in the primary election for that office.
577 [(d)] (e) A qualified political party that has two or more candidates qualify as
578candidates for an elective office under Section 20A-9-408 and does not nominate a candidate
579for that office under Section 20A-9-407 shall participate in the primary election for that office.
580 (3) Notwithstanding Subsection (2), in an opt-in county, as defined in Section
58117-52a-201 or 17-52a-202, a qualified political party shall participate in the primary election
582for a county commission office if:
583 (a) there is more than one:
584 (i) open position as defined in Section 17-52a-201; or
585 (ii) midterm vacancy as defined in Section 17-52a-201; and H.B. 393 02-06-23 10:22 AM
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586 (b) the number of candidates nominated under Section 20A-9-407 or qualified under
587Section 20A-9-408 for the respective open positions or midterm vacancies exceeds the number
588of respective open positions or midterm vacancies.
589 (4) (a) As used in this Subsection (4), a candidate is "unopposed" if:
590 (i) no individual other than the candidate receives a certification, from the appropriate
591filing officer, for the regular primary election ballot of the candidate's registered political party
592for a particular elective office; or
593 (ii) for an office where more than one individual is to be elected or nominated, the
594number of candidates who receive certification, from the appropriate filing officer, for the
595regular primary election of the candidate's registered political party does not exceed the total
596number of candidates to be elected or nominated for that office.
597 (b) Before the deadline described in Subsection (4)(c), the lieutenant governor shall:
598 (i) provide to the county clerks:
599 (A) a list of the names of all candidates for federal, constitutional, multi-county, single
600county, and county offices who have received certifications from the appropriate filing officer,
601along with instructions on how those names shall appear on the primary election ballot in
602accordance with Section 20A-6-305; and
603 (B) a list of unopposed candidates for elective office who have been nominated by a
604registered political party; and
605 (ii) instruct the county clerks to exclude unopposed candidates from the primary
606election ballot.
607 (c) The deadline described in Subsection (4)(b) is 5 p.m. on the first Wednesday after
608the fourth Saturday in April.