2nd Sub. H.B. 393
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: M. Cipriano 6
6 02-23-23 3:38 PM 6
H.B. 393
2nd Sub. (Gray)
Representative Jordan D. Teuscher proposes the following substitute bill:
1 PRIMARY BALLOT REQUI REMENTS
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Jordan D. Teuscher
5 Senate Sponsor: Kirk A. Cullimore
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 who 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;
22 <requires an election officer to identify on a primary ballot the candidates nominated
23at the qualified political party's nominating convention; and
24 <makes technical and conforming changes.
25Money Appropriated in this Bill:
*HB0393S02* 2nd Sub. (Gray) H.B. 393 02-23-23 3:38 PM
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26 None
27Other Special Clauses:
28 None
29Utah Code Sections Affected:
30AMENDS:
31 20A-1-502, as last amended by Laws of Utah 2020, Chapter 13
32 20A-1-502.5, as enacted by Laws of Utah 2020, Chapter 13
33 20A-9-101, as last amended by Laws of Utah 2022, Chapters 13, 325
34 20A-9-406, as last amended by Laws of Utah 2022, Chapter 13
35 20A-9-407, as last amended by Laws of Utah 2022, Chapter 13
36 20A-9-408, as last amended by Laws of Utah 2022, Chapters 13, 325
37 20A-9-409, as last amended by Laws of Utah 2021, Second Special Session, Chapter 6
38ENACTS:
39 20A-9-408.7, Utah Code Annotated 1953
40
41Be it enacted by the Legislature of the state of Utah:
42 Section 1. Section 20A-1-502 is amended to read:
43 20A-1-502. Midterm vacancy in office of United States senator.
44 (1) Except as provided in Subsections (2) and (3), when a vacancy occurs in the office
45of United States senator, the governor shall, within seven days after the day on which the
46vacancy occurs, issue a proclamation calling a special congressional election to fill the vacancy
47that:
48 (a) sets a date for a primary congressional special election, and a later date for a general
49congressional special election, on the same day as one of the following elections:
50 (i) a municipal general election;
51 (ii) a presidential primary election;
52 (iii) a regular primary election; or
53 (iv) a regular general election;
54 (b) sets the date of the primary congressional special election on the same day as the
55next election described in Subsections (1)(a)(i) through (iv) that is more than 90 days after the
56day on which the governor issues the proclamation; 02-23-23 3:38 PM 2nd Sub. (Gray) H.B. 393
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57 (c) sets the date of the general special congressional election on the same day as the
58next election described in Subsection (1)(a) that is more than 90 days after the primary special
59congressional election described in Subsection (1)(b);
60 (d) provides each registered political party that is not a qualified political party at least
6121 days, but no more than 28 days, to select one candidate, in a manner determined by the
62registered political party, as a candidate for the registered political party;
63 (e) subject to Section 20A-9-408.7, if applicable, for each qualified political party,
64provides at least 21 days, but no more than 28 days:
65 (i) for the qualified political party to select one candidate, using the convention process
66described in Section 20A-9-407, as a candidate for the qualified political party; and
67 (ii) for a member of the qualified political party to submit signatures to qualify as a
68candidate for the qualified political party using the signature-gathering process described in
69Section 20A-9-408;
70 (f) consistent with the requirements of this section, establishes the deadlines, time
71frames, and procedures for filing a declaration of candidacy, giving notice of an election, and
72other election requirements; and
73 (g) requires an election officer to comply with the requirements of Chapter 16,
74Uniform Military and Overseas Voters Act.
75 (2) (a) The governor may set a date for a primary special congressional election or a
76general special congressional election on a date other than a date described in Subsection (1)(a)
77if:
78 (i) on the same day on which the governor issues the proclamation described in
79Subsection (1) the governor calls a special session for the Legislature to appropriate money to
80hold the election on a different day; or
81 (ii) if the governor issues the proclamation described in Subsection (1) on or after
82January 1, but before the end of the general session of the Legislature, and requests in the
83proclamation described in Subsection (1) that the Legislature appropriate money to hold the
84election on a different day.
85 (b) If the Legislature does not, under Subsection (2)(a), appropriate money to hold the
86election on a different day, the proclamation described in Subsection (1) is void and the
87governor shall, within seven days after the day on which the Legislature declines to appropriate 2nd Sub. (Gray) H.B. 393 02-23-23 3:38 PM
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88money to hold the election on a different day, issue a proclamation, in accordance with
89Subsection (1), that sets the special congressional primary and general elections on dates
90described in Subsections (1)(a)(i) through (iv).
91 (3) A special congressional election to fill a vacancy in the office of United States
92senator will not be held if:
93 (a) the next regular general election that occurs after the day on which the vacancy
94occurs is the regular general election that occurs immediately before the six-year term for the
95senate office ends; and
96 (b) the vacancy occurs after August 1 of the year before the regular general election
97described in Subsection (3)(a).
98 (4) (a) The governor shall appoint an individual to temporarily fill a vacancy in the
99office of United States senator from one of three individuals nominated by the Legislature,
100each of whom is a member of the political party of which the prior officeholder was a member
101at the time the prior officeholder was elected.
102 (b) The individual appointed under Subsection (4)(a) shall serve as United States
103senator until the earlier of the day on which:
104 (i) the vacancy is filled by election under Subsection (1) or (2); or
105 (ii) the six-year term for the senate office ends.
106 (5) An individual elected to fill a vacancy under this section shall serve until the end of
107the current term in which the vacancy filled by the election occurs.
108 (6) A vacancy in the office of United States senator does not occur unless the senator:
109 (a) has left the office; or
110 (b) submits an irrevocable letter of resignation to the governor or to the president of the
111United States Senate.
112 Section 2. Section 20A-1-502.5 is amended to read:
113 20A-1-502.5. Midterm vacancy in office of United States representative.
114 (1) Except as provided in Subsections (2) and (4), when a vacancy occurs in the office
115of United States representative, the governor shall, within seven days after the day on which the
116vacancy occurs, issue a proclamation calling a special congressional election to fill the vacancy
117that:
118 (a) sets a date for a primary congressional special election, and a later date for a general 02-23-23 3:38 PM 2nd Sub. (Gray) H.B. 393
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119congressional special election, on the same day as one of the following elections:
120 (i) a municipal general election;
121 (ii) a presidential primary election;
122 (iii) a regular primary election; or
123 (iv) a regular general election;
124 (b) sets the date of the primary congressional special election on the same day as the
125next election described in Subsections (1)(a)(i) through (iv) that is more than 90 days after the
126day on which the governor issues the proclamation;
127 (c) sets the date of the general special congressional election on the same day as the
128next election described in Subsection (1)(a) that is more than 90 days after the primary special
129congressional election described in Subsection (1)(b);
130 (d) provides each registered political party that is not a qualified political party at least
13121 days, but no more than 28 days, to select one candidate, in a manner determined by the
132registered political party, as a candidate for the registered political party;
133 (e) subject to Section 20A-9-408.7, if applicable, for each qualified political party,
134provides at least 21 days, but no more than 28 days:
135 (i) for the qualified political party to select one candidate, using the convention process
136described in Section 20A-9-407, as a candidate for the qualified political party; and
137 (ii) for a member of the qualified political party to submit signatures to qualify as a
138candidate for the qualified political party using the signature-gathering process described in
139Section 20A-9-408;
140 (f) consistent with the requirements of this section, establishes the deadlines, time
141frames, and procedures for filing a declaration of candidacy, giving notice of an election, and
142other election requirements; and
143 (g) requires an election officer to comply with the requirements of Chapter 16,
144Uniform Military and Overseas Voters Act.
145 (2) The governor may set a date for a primary special congressional election or a
146general special congressional election on a date other than a date described in Subsection (1)(a)
147if:
148 (a) on the same day on which the governor issues the proclamation described in
149Subsection (1) the governor calls a special session for the Legislature to appropriate money to 2nd Sub. (Gray) H.B. 393 02-23-23 3:38 PM
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150hold the election on a different day; or
151 (b) if the governor issues the proclamation described in Subsection (1) on or after
152January 1, but before the end of the general session of the Legislature, and requests in the
153proclamation described in Subsection (1) that the Legislature appropriate money to hold the
154election on a different day.
155 (3) If the Legislature does not, under Subsection (2), appropriate money to hold the
156election on a different day, the proclamation described in Subsection (1) is void and the
157governor shall, within seven days after the day on which the Legislature declines to appropriate
158money to hold the election on a different day, issue a proclamation, in accordance with
159Subsection (1), that sets the special congressional primary and general elections on dates
160described in Subsections (1)(a)(i) through (iv).
161 (4) A special congressional election to fill a vacancy in the office of United States
162representative will not be held if the vacancy occurs fewer than 180 days before the next
163regular general election.
164 (5) An individual who fills a vacancy under this section shall serve until the end of the
165current term in which the vacancy occurs.
166 (6) A vacancy in the office of United States representative does not occur unless the
167representative:
168 (a) has left the office; or
169 (b) submits an irrevocable letter of resignation to the governor or to the speaker of the
170United States House of Representatives.
171 Section 3. Section 20A-9-101 is amended to read:
172 20A-9-101. Definitions.
173 As used in this chapter:
174 (1) (a) "Candidates for elective office" means persons who file a declaration of
175candidacy under Section 20A-9-202 to run in a regular general election for a federal office,
176constitutional office, multicounty office, or county office.
177 (b) "Candidates for elective office" does not mean candidates for:
178 (i) justice or judge of court of record or not of record;
179 (ii) presidential elector;
180 (iii) any political party offices; and 02-23-23 3:38 PM 2nd Sub. (Gray) H.B. 393
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181 (iv) municipal or local district offices.
182 (2) "Constitutional office" means the state offices of governor, lieutenant governor,
183attorney general, state auditor, and state treasurer.
184 (3) "Continuing political party" means the same as that term is defined in Section
18520A-8-101.
186 (4) (a) "County office" means an elective office where the officeholder is selected by
187voters entirely within one county.
188 (b) "County office" does not mean:
189 (i) the office of justice or judge of any court of record or not of record;
190 (ii) the office of presidential elector;
191 (iii) any political party offices;
192 (iv) any municipal or local district offices; and
193 (v) the office of United States Senator and United States Representative.
194 (5) "Electronic candidate qualification process" means:
195 (a) as it relates to a registered political party that is not a qualified political party, the
196process for gathering signatures electronically to seek the nomination of a registered political
197party, described in:
198 (i) Section 20A-9-403;
199 (ii) Section 20a-9-405, except Subsections 20A-9-405(3) and (5); and
200 (iii) Section 20A-21-201; and
201 (b) as it relates to a qualified political party, the process, for gathering signatures
202electronically to seek the nomination of a registered political party, described in:
203 (i) Section 20A-9-405, except Subsections 20A-9-405(3) and (5);
204 (ii) Section 20A-9-408; and
205 (iii) Section 20A-21-201.
206 (6) "Federal office" means an elective office for United States Senator and United
207States Representative.
208 (7) "Filing officer" means:
209 (a) the lieutenant governor, for:
210 (i) the office of United States Senator and United States Representative; and
211 (ii) all constitutional offices; 2nd Sub. (Gray) H.B. 393 02-23-23 3:38 PM
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212 (b) for the office of a state senator or state representative, the lieutenant governor or the
213applicable clerk described in Subsection (7)(c) or (d);
214 (c) the county clerk, for county offices and local school district offices;
215 (d) the county clerk in the filer's county of residence, for multicounty offices;
216 (e) the city or town clerk, for municipal offices; or
217 (f) the local district clerk, for local district offices.
218 (8) "Local district office" means an elected office in a local district.
219 (9) "Local government office" includes county offices, municipal offices, and local
220district offices and other elective offices selected by the voters from a political division entirely
221within one county.
222 (10) "Manual candidate qualification process" means the process for gathering
223signatures to seek the nomination of a registered political party, using paper signature packets
224that a signer physically signs.
225 (11) (a) "Multicounty office" means an elective office where the officeholder is
226selected by the voters from more than one county.
227 (b) "Multicounty office" does not mean:
228 (i) a county office;
229 (ii) a federal office;
230 (iii) the office of justice or judge of any court of record or not of record;
231 (iv) the office of presidential elector;
232 (v) any political party offices; or
233 (vi) any municipal or local district offices.
234 (12) "Municipal office" means an elective office in a municipality.
235 (13) (a) "Political division" means a geographic unit from which an officeholder is
236elected and that an officeholder represents.
237 (b) "Political division" includes a county, a city, a town, a local district, a school
238district, a legislative district, and a county prosecution district.
239 (14) "Qualified political party" means a registered political party that:
240 (a) (i) permits a delegate for the registered political party to vote on a candidate
241nomination in the registered political party's convention remotely; or
242 (ii) provides a procedure for designating an alternate delegate if a delegate is not 02-23-23 3:38 PM 2nd Sub. (Gray) H.B. 393
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243present at the registered political party's convention;
244 (b) does not hold the registered political party's convention before the fourth Saturday
245in March of an even-numbered year;
246 (c) subject to 20A-9-408.7, if applicable, permits a member of the registered political
247party to seek the registered political party's nomination for any elective office by the member
248choosing to seek the nomination by either or both of the following methods:
249 (i) seeking the nomination through the registered political party's convention process,
250in accordance with the provisions of Section 20A-9-407; or
251 (ii) seeking the nomination by collecting signatures, in accordance with the provisions
252of Section 20A-9-408; and
253 (d) (i) if the registered political party is a continuing political party, no later than 5 p.m.
254on the first Monday of October of an odd-numbered year, certifies to the lieutenant governor
255that, for the election in the following year, the registered political party intends to nominate the
256registered political party's candidates in accordance with the provisions of Section 20A-9-406;
257or
258 (ii) if the registered political party is not a continuing political party, certifies at the
259time that the registered political party files the petition described in Section 20A-8-103 that, for
260the next election, the registered political party intends to nominate the registered political
261party's candidates in accordance with the provisions of Section 20A-9-406.
262 (15) "Signature," as it relates to a petition for a candidate to seek the nomination of a
263registered political party, means:
264 (a) when using the manual candidate qualification process, a holographic signature
265collected physically on a nomination petition described in Subsection 20A-9-405(3); or
266 (b) when using the electronic candidate qualification process:
267 (i) an electronic signature collected under Subsection 20A-21-201(6)(c)(ii)(A); or
268 (ii) a holographic signature collected electronically under Subsection
26920A-21-201(6)(c)(ii)(B).
270 Section 4. Section 20A-9-406 is amended to read:
271 20A-9-406. Qualified political party -- Requirements and exemptions.
272 The following provisions apply to a qualified political party:
273 (1) the qualified political party shall, no later than 5 p.m. on the first Monday of 2nd Sub. (Gray) H.B. 393 02-23-23 3:38 PM
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274October of each odd-numbered year, certify to the lieutenant governor the identity of one or
275more registered political parties whose members may vote for the qualified political party's
276candidates and whether unaffiliated voters may vote for the qualified political party's
277candidates;
278 (2) the following provisions do not apply to a nomination for the qualified political
279party:
280 (a) Subsections 20A-9-403(1) through (3)(b) and (3)(d) through (4)(a);
281 (b) Subsection 20A-9-403(5)(c); and
282 (c) Section 20A-9-405;
283 (3) subject to Section 20A-9-408.7, if applicable, an individual may only seek the
284nomination of the qualified political party by using a method described in Section 20A-9-407,
285Section 20A-9-408, or both;
286 (4) subject to Section 20A-9-408.7, if applicable, the qualified political party shall
287comply with the provisions of Sections 20A-9-407, 20A-9-408, and 20A-9-409;
288 (5) notwithstanding Subsection 20A-6-301(1)(a), (1)(e), or (2)(a), each election officer
289shall ensure that a ballot described in Section 20A-6-301 includes each individual nominated
290by a qualified political party:
291 (a) under the qualified political party's name , if any; or
292 (b) under the title of the qualified registered political party as designated by the
293qualified political party in the certification described in Subsection (1), or, if none is
294designated, then under some suitable title;
295 (6) notwithstanding Subsection 20A-6-302(1)(a), each election officer shall ensure, for
296ballots in regular general elections, that each candidate who is nominated by the qualified
297political party is listed by party;
298 (7) notwithstanding Subsection 20A-6-304(1)(e), each election officer shall ensure that
299the party designation of each candidate who is nominated by the qualified political party is
300displayed adjacent to the candidate's name on a mechanical ballot;
301 (8) "candidates for elective office," defined in Subsection 20A-9-101(1)(a), also
302includes an individual who files a declaration of candidacy under Section 20A-9-407 or
30320A-9-408 to run in a regular general election for a federal office, constitutional office,
304multicounty office, or county office; 02-23-23 3:38 PM 2nd Sub. (Gray) H.B. 393
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305 (9) an individual who is nominated by, or seeking the nomination of, the qualified
306political party is not required to comply with Subsection 20A-9-201(1)(c);
307 (10) notwithstanding Subsection 20A-9-403(3), the qualified political party is entitled
308to have each of the qualified political party's candidates for elective office appear on the
309primary ballot of the qualified political party with an indication that each candidate is a
310candidate for the qualified political party;
311 (11) notwithstanding Section 20A-9-403, an election officer shall ensure that, for a
312ballot in a regular primary election, if the qualified political party nominates at least one
313candidate for a partisan elective office under the method described in Section 20A-9-407, or
314nominates at least one candidate for a partisan elective office under each of the methods
315described in Section 20A-9-407 and Section 20A-9-408:
316 (a) an asterisk is placed immediately to the right of the name of each candidate on the
317ballot that was nominated under the method described in 20A-9-407; and
318 (b) a separate asterisk is placed at the bottom of the ballot, aligned left, followed by the
319italicized statement: "This candidate has received the nomination of the candidate's political
320party at the party's nominating convention.";
321 [(11)] (12) notwithstanding Subsection 20A-9-403(4)(a), the lieutenant governor shall
322include on the list provided by the lieutenant governor to the county clerks:
323 (a) the names of all candidates of the qualified political party for federal, constitutional,
324multicounty, and county offices; and
325 (b) the names of unopposed candidates for elective office who have been nominated by
326the qualified political party and instruct the county clerks to exclude such candidates from the
327primary-election ballot;
328 [(12)] (13) notwithstanding Subsection 20A-9-403(5)(c), a candidate who is unopposed
329for an elective office in the regular primary election of the qualified political party is nominated
330by the party for that office without appearing on the primary ballot; and
331 [(13)] (14) notwithstanding the provisions of Subsections 20A-9-403(1) and (2) and
332Section 20A-9-405, the qualified political party is entitled to have the names of its candidates
333for elective office featured with party affiliation on the ballot at a regular general election.
334 Section 5. Section 20A-9-407 is amended to read:
335 20A-9-407. Convention process to seek the nomination of a qualified political 2nd Sub. (Gray) H.B. 393 02-23-23 3:38 PM
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336party.
337 (1) This section describes the requirements for a member of a qualified political party
338who is seeking the nomination of a qualified political party for an elective office through the
339qualified political party's convention process.
340 (2) Notwithstanding Subsection 20A-9-201(7)(a), the form of the declaration of
341candidacy for a member of a qualified political party who is nominated by, or who is seeking
342the nomination of, the qualified political party under this section shall be substantially as
343described in Section 20A-9-408.5.
344 (3) Notwithstanding Subsection 20A-9-202(1)(a), and except as provided in Subsection
34520A-9-202(4), a member of a qualified political party who, under this section, is seeking the
346nomination of the qualified political party for an elective office that is to be filled at the next
347general election, shall:
348 (a) except as provided in Subsection 20A-9-202(1)(c), file a declaration of candidacy in
349person with the filing officer during the declaration of candidacy filing period described in
350Section 20A-9-201.5; and
351 (b) pay the filing fee.
352 (4) Notwithstanding Subsection 20A-9-202(2)(a), a member of a qualified political
353party who, under this section, is seeking the nomination of the qualified political party for the
354office of district attorney within a multicounty prosecution district that is to be filled at the next
355general election shall:
356 (a) file a declaration of candidacy with the county clerk designated in the interlocal
357agreement creating the prosecution district during the declaration of candidacy filing period
358described in Section 20A-9-201.5; and
359 (b) pay the filing fee.
360 (5) Notwithstanding Subsection 20A-9-202(3)(a)(iii), a lieutenant governor candidate
361who files as the joint-ticket running mate of an individual who is nominated by a qualified
362political party, under this section, for the office of governor shall, during the declaration of
363candidacy filing period described in Section 20A-9-201.5, file a declaration of candidacy and
364submit a letter from the candidate for governor that names the lieutenant governor candidate as
365a joint-ticket running mate.
366 (6) (a) A qualified political party that nominates a candidate under this section shall 02-23-23 3:38 PM 2nd Sub. (Gray) H.B. 393
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367certify the name of the candidate to the lieutenant governor before the deadline described in
368Subsection 20A-9-202(1)(b).
369 (b) The lieutenant governor shall include, in the primary ballot certification or, for a
370race where a primary is not held because the candidate is unopposed, in the general election
371ballot certification, the name of each candidate nominated by a qualified political party under
372this section.
373 (7) Notwithstanding Subsection 20A-9-701(2), the ballot shall, for each candidate who
374is nominated by a qualified political party under this section, designate the qualified political
375party that nominated the candidate.
376 (8) A qualified political party that nominates one or more candidates under this section
377shall certify the convention results to the lieutenant governor before the deadline described in
378Subsection 20A-9-202(1)(b).
379 (9) The certification of convention results described in Subsection (8) shall include, for
380each race for the nomination for an office:
381 (a) the name of each convention candidate seeking the party's nomination for that
382office;
383 (b) an explanation of the voting method used by the qualified political party to
384nominate and eliminate convention candidates for that office; and
385 (c) the percentage of the votes received by each candidate in each round of voting.
386 Section 6. Section 20A-9-408 is amended to read:
387 20A-9-408. Signature-gathering process to seek the nomination of a qualified
388political party.
389 (1) This section describes the requirements for a member of a qualified political party
390who is seeking the nomination of the qualified political party for an elective office through the
391signature-gathering process described in this section.
392 (2) Notwithstanding Subsection 20A-9-201(7)(a), the form of the declaration of
393candidacy for a member of a qualified political party who is nominated by, or who is seeking
394the nomination of, the qualified political party under this section shall be substantially as
395described in Section 20A-9-408.5.
396 (3) Notwithstanding Subsection 20A-9-202(1)(a), and except as provided in Subsection
39720A-9-202(4), a member of a qualified political party who, under this section, is seeking the 2nd Sub. (Gray) H.B. 393 02-23-23 3:38 PM
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398nomination of the qualified political party for an elective office that is to be filled at the next
399general election shall:
400 (a) during the declaration of candidacy filing period described in Section 20A-9-201.5,
401and before gathering signatures under this section, file with the filing officer on a form
402approved by the lieutenant governor a notice of intent to gather signatures for candidacy that
403includes:
404 (i) the name of the member who will attempt to become a candidate for a registered
405political party under this section;
406 (ii) the name of the registered political party for which the member is seeking
407nomination;
408 (iii) the office for which the member is seeking to become a candidate;
409 (iv) the address and telephone number of the member; and
410 (v) other information required by the lieutenant governor;
411 (b) except as provided in Subsection 20A-9-202(1)(c), file a declaration of candidacy,
412in person, with the filing officer during the declaration of candidacy filing period described in
413Section 20A-9-201.5; and
414 (c) pay the filing fee.
415 (4) Notwithstanding Subsection 20A-9-202(2)(a), a member of a qualified political
416party who, under this section, is seeking the nomination of the qualified political party for the
417office of district attorney within a multicounty prosecution district that is to be filled at the next
418general election shall:
419 (a) during the declaration of candidacy filing period described in Section 20A-9-201.5,
420and before gathering signatures under this section, file with the filing officer on a form
421approved by the lieutenant governor a notice of intent to gather signatures for candidacy that
422includes:
423 (i) the name of the member who will attempt to become a candidate for a registered
424political party under this section;
425 (ii) the name of the registered political party for which the member is seeking
426nomination;
427 (iii) the office for which the member is seeking to become a candidate;
428 (iv) the address and telephone number of the member; and 02-23-23 3:38 PM 2nd Sub. (Gray) H.B. 393
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429 (v) other information required by the lieutenant governor;
430 (b) except as provided in Subsection 20A-9-202(1)(c), file a declaration of candidacy,
431in person, with the filing officer during the declaration of candidacy filing period described in
432Section 20A-9-201.5; and
433 (c) pay the filing fee.
434 (5) Notwithstanding Subsection 20A-9-202(3)(a)(iii), a lieutenant governor candidate
435who files as the joint-ticket running mate of an individual who is nominated by a qualified
436political party, under this section, for the office of governor shall, during the declaration of
437candidacy filing period described in Section 20A-9-201.5, file a declaration of candidacy and
438submit a letter from the candidate for governor that names the lieutenant governor candidate as
439a joint-ticket running mate.
440 (6) [The] Subject to Section 20A-9-408.7, if applicable, the lieutenant governor shall
441ensure that the certification described in Subsection 20A-9-701(1) also includes the name of
442each candidate nominated by a qualified political party under this section.
443 (7) Notwithstanding Subsection 20A-9-701(2), the ballot shall, for each candidate who
444is nominated by a qualified political party under this section, designate the qualified political
445party that nominated the candidate.
446 (8) [A] Subject to Section 20A-9-408.7, if applicable, a member of a qualified political
447party may seek the nomination of the qualified political party for an elective office by:
448 (a) complying with the requirements described in this section; and
449 (b) collecting signatures, on a form approved by the lieutenant governor that complies
450with Subsection 20A-9-405(3), during the period beginning on the day on which the member
451files a notice of intent to gather signatures and ending at 5 p.m. 14 days before the day on
452which the qualified political party's convention for the office is held, in the following amounts:
453 (i) for a statewide race, 28,000 signatures of registered voters in the state who are
454permitted by the qualified political party to vote for the qualified political party's candidates in
455a primary election;
456 (ii) for a congressional district race, 7,000 signatures of registered voters who are
457residents of the congressional district and are permitted by the qualified political party to vote
458for the qualified political party's candidates in a primary election;
459 (iii) for a state Senate district race, 2,000 signatures of registered voters who are 2nd Sub. (Gray) H.B. 393 02-23-23 3:38 PM
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460residents of the state Senate district and are permitted by the qualified political party to vote for
461the qualified political party's candidates in a primary election;
462 (iv) for a state House district race, 1,000 signatures of registered voters who are
463residents of the state House district and are permitted by the qualified political party to vote for
464the qualified political party's candidates in a primary election;
465 (v) for a State Board of Education race, the lesser of:
466 (A) 2,000 signatures of registered voters who are residents of the State Board of
467Education district and are permitted by the qualified political party to vote for the qualified
468political party's candidates in a primary election; or
469 (B) 3% of the registered voters of the qualified political party who are residents of the
470applicable State Board of Education district; and
471 (vi) for a county office race, signatures of 3% of the registered voters who are residents
472of the area permitted to vote for the county office and are permitted by the qualified political
473party to vote for the qualified political party's candidates in a primary election.
474 (9) (a) This Subsection (9) applies only to the manual candidate qualification process.
475 (b) [In] Subject to Section 20A-9-408.7, if applicable, in order for a member of the
476qualified political party to qualify as a candidate for the qualified political party's nomination
477for an elective office under this section, using the manual candidate qualification process, the
478member shall:
479 (i) collect the signatures on a form approved by the lieutenant governor, using the same
480circulation and verification requirements described in Sections 20A-7-204 and 20A-7-205; and
481 (ii) submit the signatures to the election officer before 5 p.m. no later than 14 days
482before the day on which the qualified political party holds the party's convention to select
483candidates, for the elective office, for the qualified political party's nomination.
484 (c) Upon timely receipt of the signatures described in Subsections (8) and (9)(b), the
485election officer shall, no later than the earlier of 14 days after the day on which the election
486officer receives the signatures, or one day before the day on which the qualified political party
487holds the convention to select a nominee for the elective office to which the signature packets
488relate:
489 (i) check the name of each individual who completes the verification for a signature
490packet to determine whether each individual is a resident of Utah and is at least 18 years old; 02-23-23 3:38 PM 2nd Sub. (Gray) H.B. 393
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491 (ii) submit the name of each individual described in Subsection (9)(c)(i) who is not a
492Utah resident or who is not at least 18 years old to the attorney general and the county attorney;
493 (iii) determine whether each signer is a registered voter who is qualified to sign the
494petition, using the same method, described in Section 20A-7-206.3, used to verify a signature
495on a petition; and
496 (iv) certify whether each name is that of a registered voter who is qualified to sign the
497signature packet.
498 (10) (a) This Subsection (10) applies only to the electronic candidate qualification
499process.
500 (b) [In] Subject to Section 20A-9-408.7, if applicable, in order for a member of the
501qualified political party to qualify as a candidate for the qualified political party's nomination
502for an elective office under this section, the member shall, before 5 p.m. no later than 14 days
503before the day on which the qualified political party holds the party's convention to select
504candidates, for the elective office, for the qualified political party's nomination, collect
505signatures electronically:
506 (i) in accordance with Section 20A-21-201; and
507 (ii) using progressive screens, in a format approved by the lieutenant governor, that
508complies with Subsection 20A-9-405(4).
509 (c) Upon timely receipt of the signatures described in Subsections (8) and (9)(b), the
510election officer shall, no later than the earlier of 14 days after the day on which the election
511officer receives the signatures, or one day before the day on which the qualified political party
512holds the convention to select a nominee for the elective office to which the signature packets
513relate:
514 (i) check the name of each individual who completes the verification for a signature to
515determine whether each individual is a resident of Utah and is at least 18 years old; and
516 (ii) submit the name of each individual described in Subsection (10)(c)(i) who is not a
517Utah resident or who is not at least 18 years old to the attorney general and the county attorney.
518 (11) (a) An individual may not gather signatures under this section until after the
519individual files a notice of intent to gather signatures for candidacy described in this section.
520 (b) An individual who files a notice of intent to gather signatures for candidacy,
521described in Subsection (3)(a) or (4)(a), is, beginning on the day on which the individual files 2nd Sub. (Gray) H.B. 393 02-23-23 3:38 PM
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522the notice of intent to gather signatures for candidacy:
523 (i) required to comply with the reporting requirements that a candidate for office is
524required to comply with; and
525 (ii) subject to the same enforcement provisions, and civil and criminal penalties, that
526apply to a candidate for office in relation to the reporting requirements described in Subsection
527(11)(b)(i).
528 (c) Upon timely receipt of the signatures described in Subsections (8) and (9)(b), or
529Subsections (8) and (10)(b), the election officer shall, no later than one day before the day on
530which the qualified political party holds the convention to select a nominee for the elective
531office to which the signature packets relate, notify the qualified political party and the
532lieutenant governor of the name of each member of the qualified political party who qualifies
533as a nominee of the qualified political party, under this section, for the elective office to which
534the convention relates.
535 (d) Upon receipt of a notice of intent to gather signatures for candidacy described in
536this section, the lieutenant governor shall post the notice of intent to gather signatures for
537candidacy on the lieutenant governor's website in the same location that the lieutenant governor
538posts a declaration of candidacy.
539 Section 7. Section 20A-9-408.7 is enacted to read:
540 20A-9-408.7. Elimination of candidate nominated by signature-gathering.
541 (1) A qualified political party may elect to nominate candidates for a partisan elective
542office in accordance with the candidate elimination process described in this section.
543 (2) (a) Subject to Subsection (3), if a qualified political party nominates a candidate for
544partisan elective office under Section 20A-9-407, the candidate nominated for that office
545eliminates any other candidate that otherwise qualifies for placement on the primary ballot
546under Section 20A-9-408, if:
547 (i) in the first round of voting, the candidate receives at least 70% of the votes cast by
548the delegates at the convention; or
549 (ii) in a second or subsequent round of voting, the candidate receives at least 70% of
550the votes cast by the delegates at the convention and, in the immediately preceding round of
551voting, at least one other candidate for the partisan elective office is eliminated by the
552delegates; 02-23-23 3:38 PM 2nd Sub. (Gray) H.B. 393
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553 (b) A qualified political party, in a written notice filed with the election officer, shall
554declare the qualified political party's intent to nominate candidates for an elective office in
555accordance with Subsection (2)(a):
556 (i) no later than 5:00 p.m. on the first Monday in October in each odd-numbered year;
557and
558 (ii) for a convention to fill a mid-term vacancy in the office of United States senator or
559United States representative, no later than 5:00 p.m. on the day after the day on which the
560governor issues the proclamation described in Subsection 20A-1-502(1) or Subsection
56120A-1-502.5(1).
562 (c) (i) A qualified political party that provides the notice of intent described in
563Subsection (2)(b)(i) may withdraw the notice of intent, and not participate in the candidate
564elimination process, if the qualified political party provides written notice of withdrawal to the
565election officer no later than 5:00 p.m. on November 30 of the year in which the notice of
566intent is filed.
567 (ii) A qualified political party may not withdraw a notice of intent filed under
568Subsection (2)(b)(ii).
569 (3) The candidate elimination process described in Subsection (2)(a) only applies if:
570 (a) a qualified political party timely files the notice of intent described in Subsection
571(2)(b)(i) or (ii), as applicable; and
572 (b) for the regular primary election, the qualified political party does not withdraw the
573notice of intent before the deadline described in Subsection (2)(c)(i).
574 Section 8. Section 20A-9-409 is amended to read:
575 20A-9-409. Primary election provisions relating to qualified political party.
576 (1) The regular primary election is held on the date specified in Section 20A-1-201.5.
577 (2) (a) A qualified political party that nominates one or more candidates for an elective
578office under Section 20A-9-407 and does not have a candidate qualify as a candidate for that
579office under Section 20A-9-408, may, but is not required to, participate in the primary election
580for that office.
581 (b) A qualified political party that has only one candidate qualify as a candidate for an
582elective office under Section 20A-9-408 and does not nominate a candidate for that office
583under Section 20A-9-407, may, but is not required to, participate in the primary election for 2nd Sub. (Gray) H.B. 393 02-23-23 3:38 PM
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584that office.
585 (c) A qualified political party that nominates only one candidate for an elective office
586under Section 20A-9-407 and has one or more candidates qualify as a candidate for that office
587under Section 20A-9-408, may, but is not required to, participate in the primary election for
588that office if:
589 (i) the qualified political party nominates candidates for an elective office under the
590candidate elimination process described in Section 20A-9-408.7; and
591 (ii) the nomination of the candidate or candidates that qualify for the elective office
592under Section 20A-9-408 are, under Section 20A-9-408.7, eliminated by a candidate nominated
593for that office under Section 20A-9-407.
594 [(c)] (d) A qualified political party that nominates one or more candidates for an
595elective office under Section 20A-9-407 and has one or more candidates qualify as a candidate
596for that office under Section 20A-9-408 shall participate in the primary election for that office.
597 [(d)] (e) A qualified political party that has two or more candidates qualify as
598candidates for an elective office under Section 20A-9-408 and does not nominate a candidate
599for that office under Section 20A-9-407 shall participate in the primary election for that office.
600 (3) Notwithstanding Subsection (2), in an opt-in county, as defined in Section
60117-52a-201 or 17-52a-202, a qualified political party shall participate in the primary election
602for a county commission office if:
603 (a) there is more than one:
604 (i) open position as defined in Section 17-52a-201; or
605 (ii) midterm vacancy as defined in Section 17-52a-201; and
606 (b) the number of candidates nominated under Section 20A-9-407 or qualified under
607Section 20A-9-408 for the respective open positions or midterm vacancies exceeds the number
608of respective open positions or midterm vacancies.
609 (4) (a) As used in this Subsection (4), a candidate is "unopposed" if:
610 (i) no individual other than the candidate receives a certification, from the appropriate
611filing officer, for the regular primary election ballot of the candidate's registered political party
612for a particular elective office; or
613 (ii) for an office where more than one individual is to be elected or nominated, the
614number of candidates who receive certification, from the appropriate filing officer, for the 02-23-23 3:38 PM 2nd Sub. (Gray) H.B. 393
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615regular primary election of the candidate's registered political party does not exceed the total
616number of candidates to be elected or nominated for that office.
617 (b) Before the deadline described in Subsection (4)(c), the lieutenant governor shall:
618 (i) provide to the county clerks:
619 (A) a list of the names of all candidates for federal, constitutional, multi-county, single
620county, and county offices who have received certifications from the appropriate filing officer,
621along with instructions on how those names shall appear on the primary election ballot in
622accordance with Section 20A-6-305; and
623 (B) a list of unopposed candidates for elective office who have been nominated by a
624registered political party; and
625 (ii) instruct the county clerks to exclude unopposed candidates from the primary
626election ballot.
627 (c) The deadline described in Subsection (4)(b) is 5 p.m. on the first Wednesday after
628the fourth Saturday in April.