UT
Utah House Bill HB0393

Utah 2023 Regular Session

Utah House Bill HB0393 Compare Versions

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1-2nd Sub. H.B. 393
1+1st Sub. H.B. 393
22 LEGISLATIVE GENERAL COUNSEL
33 6 Approved for Filing: M. Cipriano 6
4-6 02-23-23 3:38 PM 6
4+6 02-20-23 9:19 PM 6
55 H.B. 393
6-2nd Sub. (Gray)
6+1st Sub. (Buff)
77 Representative Jordan D. Teuscher proposes the following substitute bill:
88 1 PRIMARY BALLOT REQUI REMENTS
99 2 2023 GENERAL SESSION
1010 3 STATE OF UTAH
1111 4 Chief Sponsor: Jordan D. Teuscher
12-5 Senate Sponsor: Kirk A. Cullimore
12+5 Senate Sponsor: ____________
1313 6
1414 7LONG TITLE
1515 8General Description:
1616 9 This bill addresses the nomination for an elective office of a member of a qualified
1717 10political party.
1818 11Highlighted Provisions:
1919 12 This bill:
2020 13 <requires a qualified political party to report the results of a nominating convention
2121 14to the lieutenant governor;
2222 15 <provides that a qualified political party may opt-in to a nomination method where a
2323 16candidate who receives 70% or more of the votes for an elective office at a
2424 17nominating convention automatically eliminates a candidate nominated for that
2525 18office through the signature-gathering process;
2626 19 <provides that, under the nomination method described above, a candidate receiving
2727 2070% or more of the votes at a nominating convention is not required to participate
2828 21in the primary election in certain circumstances;
29-22 <requires an election officer to identify on a primary ballot the candidates nominated
30-23at the qualified political party's nominating convention; and
29+22 <requires an election officer to identify on a primary ballot the candidate who
30+23received the majority of votes at the nominating convention; and
3131 24 <makes technical and conforming changes.
3232 25Money Appropriated in this Bill:
33-*HB0393S02* 2nd Sub. (Gray) H.B. 393 02-23-23 3:38 PM
33+*HB0393S01* 1st Sub. (Buff) H.B. 393 02-20-23 9:19 PM
3434 - 2 -
3535 26 None
3636 27Other Special Clauses:
3737 28 None
3838 29Utah Code Sections Affected:
3939 30AMENDS:
4040 31 20A-1-502, as last amended by Laws of Utah 2020, Chapter 13
4141 32 20A-1-502.5, as enacted by Laws of Utah 2020, Chapter 13
4242 33 20A-9-101, as last amended by Laws of Utah 2022, Chapters 13, 325
4343 34 20A-9-406, as last amended by Laws of Utah 2022, Chapter 13
4444 35 20A-9-407, as last amended by Laws of Utah 2022, Chapter 13
4545 36 20A-9-408, as last amended by Laws of Utah 2022, Chapters 13, 325
4646 37 20A-9-409, as last amended by Laws of Utah 2021, Second Special Session, Chapter 6
4747 38ENACTS:
4848 39 20A-9-408.7, Utah Code Annotated 1953
4949 40
5050 41Be it enacted by the Legislature of the state of Utah:
5151 42 Section 1. Section 20A-1-502 is amended to read:
5252 43 20A-1-502. Midterm vacancy in office of United States senator.
5353 44 (1) Except as provided in Subsections (2) and (3), when a vacancy occurs in the office
5454 45of United States senator, the governor shall, within seven days after the day on which the
5555 46vacancy occurs, issue a proclamation calling a special congressional election to fill the vacancy
5656 47that:
5757 48 (a) sets a date for a primary congressional special election, and a later date for a general
5858 49congressional special election, on the same day as one of the following elections:
5959 50 (i) a municipal general election;
6060 51 (ii) a presidential primary election;
6161 52 (iii) a regular primary election; or
6262 53 (iv) a regular general election;
6363 54 (b) sets the date of the primary congressional special election on the same day as the
6464 55next election described in Subsections (1)(a)(i) through (iv) that is more than 90 days after the
65-56day on which the governor issues the proclamation; 02-23-23 3:38 PM 2nd Sub. (Gray) H.B. 393
65+56day on which the governor issues the proclamation; 02-20-23 9:19 PM 1st Sub. (Buff) H.B. 393
6666 - 3 -
6767 57 (c) sets the date of the general special congressional election on the same day as the
6868 58next election described in Subsection (1)(a) that is more than 90 days after the primary special
6969 59congressional election described in Subsection (1)(b);
7070 60 (d) provides each registered political party that is not a qualified political party at least
7171 6121 days, but no more than 28 days, to select one candidate, in a manner determined by the
7272 62registered political party, as a candidate for the registered political party;
7373 63 (e) subject to Section 20A-9-408.7, if applicable, for each qualified political party,
7474 64provides at least 21 days, but no more than 28 days:
7575 65 (i) for the qualified political party to select one candidate, using the convention process
7676 66described in Section 20A-9-407, as a candidate for the qualified political party; and
7777 67 (ii) for a member of the qualified political party to submit signatures to qualify as a
7878 68candidate for the qualified political party using the signature-gathering process described in
7979 69Section 20A-9-408;
8080 70 (f) consistent with the requirements of this section, establishes the deadlines, time
8181 71frames, and procedures for filing a declaration of candidacy, giving notice of an election, and
8282 72other election requirements; and
8383 73 (g) requires an election officer to comply with the requirements of Chapter 16,
8484 74Uniform Military and Overseas Voters Act.
8585 75 (2) (a) The governor may set a date for a primary special congressional election or a
8686 76general special congressional election on a date other than a date described in Subsection (1)(a)
8787 77if:
8888 78 (i) on the same day on which the governor issues the proclamation described in
8989 79Subsection (1) the governor calls a special session for the Legislature to appropriate money to
9090 80hold the election on a different day; or
9191 81 (ii) if the governor issues the proclamation described in Subsection (1) on or after
9292 82January 1, but before the end of the general session of the Legislature, and requests in the
9393 83proclamation described in Subsection (1) that the Legislature appropriate money to hold the
9494 84election on a different day.
9595 85 (b) If the Legislature does not, under Subsection (2)(a), appropriate money to hold the
9696 86election on a different day, the proclamation described in Subsection (1) is void and the
97-87governor 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
97+87governor shall, within seven days after the day on which the Legislature declines to appropriate 1st Sub. (Buff) H.B. 393 02-20-23 9:19 PM
9898 - 4 -
9999 88money to hold the election on a different day, issue a proclamation, in accordance with
100100 89Subsection (1), that sets the special congressional primary and general elections on dates
101101 90described in Subsections (1)(a)(i) through (iv).
102102 91 (3) A special congressional election to fill a vacancy in the office of United States
103103 92senator will not be held if:
104104 93 (a) the next regular general election that occurs after the day on which the vacancy
105105 94occurs is the regular general election that occurs immediately before the six-year term for the
106106 95senate office ends; and
107107 96 (b) the vacancy occurs after August 1 of the year before the regular general election
108108 97described in Subsection (3)(a).
109109 98 (4) (a) The governor shall appoint an individual to temporarily fill a vacancy in the
110110 99office of United States senator from one of three individuals nominated by the Legislature,
111111 100each of whom is a member of the political party of which the prior officeholder was a member
112112 101at the time the prior officeholder was elected.
113113 102 (b) The individual appointed under Subsection (4)(a) shall serve as United States
114114 103senator until the earlier of the day on which:
115115 104 (i) the vacancy is filled by election under Subsection (1) or (2); or
116116 105 (ii) the six-year term for the senate office ends.
117117 106 (5) An individual elected to fill a vacancy under this section shall serve until the end of
118118 107the current term in which the vacancy filled by the election occurs.
119119 108 (6) A vacancy in the office of United States senator does not occur unless the senator:
120120 109 (a) has left the office; or
121121 110 (b) submits an irrevocable letter of resignation to the governor or to the president of the
122122 111United States Senate.
123123 112 Section 2. Section 20A-1-502.5 is amended to read:
124124 113 20A-1-502.5. Midterm vacancy in office of United States representative.
125125 114 (1) Except as provided in Subsections (2) and (4), when a vacancy occurs in the office
126126 115of United States representative, the governor shall, within seven days after the day on which the
127127 116vacancy occurs, issue a proclamation calling a special congressional election to fill the vacancy
128128 117that:
129-118 (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
129+118 (a) sets a date for a primary congressional special election, and a later date for a general 02-20-23 9:19 PM 1st Sub. (Buff) H.B. 393
130130 - 5 -
131131 119congressional special election, on the same day as one of the following elections:
132132 120 (i) a municipal general election;
133133 121 (ii) a presidential primary election;
134134 122 (iii) a regular primary election; or
135135 123 (iv) a regular general election;
136136 124 (b) sets the date of the primary congressional special election on the same day as the
137137 125next election described in Subsections (1)(a)(i) through (iv) that is more than 90 days after the
138138 126day on which the governor issues the proclamation;
139139 127 (c) sets the date of the general special congressional election on the same day as the
140140 128next election described in Subsection (1)(a) that is more than 90 days after the primary special
141141 129congressional election described in Subsection (1)(b);
142142 130 (d) provides each registered political party that is not a qualified political party at least
143143 13121 days, but no more than 28 days, to select one candidate, in a manner determined by the
144144 132registered political party, as a candidate for the registered political party;
145145 133 (e) subject to Section 20A-9-408.7, if applicable, for each qualified political party,
146146 134provides at least 21 days, but no more than 28 days:
147147 135 (i) for the qualified political party to select one candidate, using the convention process
148148 136described in Section 20A-9-407, as a candidate for the qualified political party; and
149149 137 (ii) for a member of the qualified political party to submit signatures to qualify as a
150150 138candidate for the qualified political party using the signature-gathering process described in
151151 139Section 20A-9-408;
152152 140 (f) consistent with the requirements of this section, establishes the deadlines, time
153153 141frames, and procedures for filing a declaration of candidacy, giving notice of an election, and
154154 142other election requirements; and
155155 143 (g) requires an election officer to comply with the requirements of Chapter 16,
156156 144Uniform Military and Overseas Voters Act.
157157 145 (2) The governor may set a date for a primary special congressional election or a
158158 146general special congressional election on a date other than a date described in Subsection (1)(a)
159159 147if:
160160 148 (a) on the same day on which the governor issues the proclamation described in
161-149Subsection (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
161+149Subsection (1) the governor calls a special session for the Legislature to appropriate money to 1st Sub. (Buff) H.B. 393 02-20-23 9:19 PM
162162 - 6 -
163163 150hold the election on a different day; or
164164 151 (b) if the governor issues the proclamation described in Subsection (1) on or after
165165 152January 1, but before the end of the general session of the Legislature, and requests in the
166166 153proclamation described in Subsection (1) that the Legislature appropriate money to hold the
167167 154election on a different day.
168168 155 (3) If the Legislature does not, under Subsection (2), appropriate money to hold the
169169 156election on a different day, the proclamation described in Subsection (1) is void and the
170170 157governor shall, within seven days after the day on which the Legislature declines to appropriate
171171 158money to hold the election on a different day, issue a proclamation, in accordance with
172172 159Subsection (1), that sets the special congressional primary and general elections on dates
173173 160described in Subsections (1)(a)(i) through (iv).
174174 161 (4) A special congressional election to fill a vacancy in the office of United States
175175 162representative will not be held if the vacancy occurs fewer than 180 days before the next
176176 163regular general election.
177177 164 (5) An individual who fills a vacancy under this section shall serve until the end of the
178178 165current term in which the vacancy occurs.
179179 166 (6) A vacancy in the office of United States representative does not occur unless the
180180 167representative:
181181 168 (a) has left the office; or
182182 169 (b) submits an irrevocable letter of resignation to the governor or to the speaker of the
183183 170United States House of Representatives.
184184 171 Section 3. Section 20A-9-101 is amended to read:
185185 172 20A-9-101. Definitions.
186186 173 As used in this chapter:
187187 174 (1) (a) "Candidates for elective office" means persons who file a declaration of
188188 175candidacy under Section 20A-9-202 to run in a regular general election for a federal office,
189189 176constitutional office, multicounty office, or county office.
190190 177 (b) "Candidates for elective office" does not mean candidates for:
191191 178 (i) justice or judge of court of record or not of record;
192192 179 (ii) presidential elector;
193-180 (iii) any political party offices; and 02-23-23 3:38 PM 2nd Sub. (Gray) H.B. 393
193+180 (iii) any political party offices; and 02-20-23 9:19 PM 1st Sub. (Buff) H.B. 393
194194 - 7 -
195195 181 (iv) municipal or local district offices.
196196 182 (2) "Constitutional office" means the state offices of governor, lieutenant governor,
197197 183attorney general, state auditor, and state treasurer.
198198 184 (3) "Continuing political party" means the same as that term is defined in Section
199199 18520A-8-101.
200200 186 (4) (a) "County office" means an elective office where the officeholder is selected by
201201 187voters entirely within one county.
202202 188 (b) "County office" does not mean:
203203 189 (i) the office of justice or judge of any court of record or not of record;
204204 190 (ii) the office of presidential elector;
205205 191 (iii) any political party offices;
206206 192 (iv) any municipal or local district offices; and
207207 193 (v) the office of United States Senator and United States Representative.
208208 194 (5) "Electronic candidate qualification process" means:
209209 195 (a) as it relates to a registered political party that is not a qualified political party, the
210210 196process for gathering signatures electronically to seek the nomination of a registered political
211211 197party, described in:
212212 198 (i) Section 20A-9-403;
213213 199 (ii) Section 20a-9-405, except Subsections 20A-9-405(3) and (5); and
214214 200 (iii) Section 20A-21-201; and
215215 201 (b) as it relates to a qualified political party, the process, for gathering signatures
216216 202electronically to seek the nomination of a registered political party, described in:
217217 203 (i) Section 20A-9-405, except Subsections 20A-9-405(3) and (5);
218218 204 (ii) Section 20A-9-408; and
219219 205 (iii) Section 20A-21-201.
220220 206 (6) "Federal office" means an elective office for United States Senator and United
221221 207States Representative.
222222 208 (7) "Filing officer" means:
223223 209 (a) the lieutenant governor, for:
224224 210 (i) the office of United States Senator and United States Representative; and
225-211 (ii) all constitutional offices; 2nd Sub. (Gray) H.B. 393 02-23-23 3:38 PM
225+211 (ii) all constitutional offices; 1st Sub. (Buff) H.B. 393 02-20-23 9:19 PM
226226 - 8 -
227227 212 (b) for the office of a state senator or state representative, the lieutenant governor or the
228228 213applicable clerk described in Subsection (7)(c) or (d);
229229 214 (c) the county clerk, for county offices and local school district offices;
230230 215 (d) the county clerk in the filer's county of residence, for multicounty offices;
231231 216 (e) the city or town clerk, for municipal offices; or
232232 217 (f) the local district clerk, for local district offices.
233233 218 (8) "Local district office" means an elected office in a local district.
234234 219 (9) "Local government office" includes county offices, municipal offices, and local
235235 220district offices and other elective offices selected by the voters from a political division entirely
236236 221within one county.
237237 222 (10) "Manual candidate qualification process" means the process for gathering
238238 223signatures to seek the nomination of a registered political party, using paper signature packets
239239 224that a signer physically signs.
240240 225 (11) (a) "Multicounty office" means an elective office where the officeholder is
241241 226selected by the voters from more than one county.
242242 227 (b) "Multicounty office" does not mean:
243243 228 (i) a county office;
244244 229 (ii) a federal office;
245245 230 (iii) the office of justice or judge of any court of record or not of record;
246246 231 (iv) the office of presidential elector;
247247 232 (v) any political party offices; or
248248 233 (vi) any municipal or local district offices.
249249 234 (12) "Municipal office" means an elective office in a municipality.
250250 235 (13) (a) "Political division" means a geographic unit from which an officeholder is
251251 236elected and that an officeholder represents.
252252 237 (b) "Political division" includes a county, a city, a town, a local district, a school
253253 238district, a legislative district, and a county prosecution district.
254254 239 (14) "Qualified political party" means a registered political party that:
255255 240 (a) (i) permits a delegate for the registered political party to vote on a candidate
256256 241nomination in the registered political party's convention remotely; or
257-242 (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
257+242 (ii) provides a procedure for designating an alternate delegate if a delegate is not 02-20-23 9:19 PM 1st Sub. (Buff) H.B. 393
258258 - 9 -
259259 243present at the registered political party's convention;
260260 244 (b) does not hold the registered political party's convention before the fourth Saturday
261261 245in March of an even-numbered year;
262262 246 (c) subject to 20A-9-408.7, if applicable, permits a member of the registered political
263263 247party to seek the registered political party's nomination for any elective office by the member
264264 248choosing to seek the nomination by either or both of the following methods:
265265 249 (i) seeking the nomination through the registered political party's convention process,
266266 250in accordance with the provisions of Section 20A-9-407; or
267267 251 (ii) seeking the nomination by collecting signatures, in accordance with the provisions
268268 252of Section 20A-9-408; and
269269 253 (d) (i) if the registered political party is a continuing political party, no later than 5 p.m.
270270 254on the first Monday of October of an odd-numbered year, certifies to the lieutenant governor
271271 255that, for the election in the following year, the registered political party intends to nominate the
272272 256registered political party's candidates in accordance with the provisions of Section 20A-9-406;
273273 257or
274274 258 (ii) if the registered political party is not a continuing political party, certifies at the
275275 259time that the registered political party files the petition described in Section 20A-8-103 that, for
276276 260the next election, the registered political party intends to nominate the registered political
277277 261party's candidates in accordance with the provisions of Section 20A-9-406.
278278 262 (15) "Signature," as it relates to a petition for a candidate to seek the nomination of a
279279 263registered political party, means:
280280 264 (a) when using the manual candidate qualification process, a holographic signature
281281 265collected physically on a nomination petition described in Subsection 20A-9-405(3); or
282282 266 (b) when using the electronic candidate qualification process:
283283 267 (i) an electronic signature collected under Subsection 20A-21-201(6)(c)(ii)(A); or
284284 268 (ii) a holographic signature collected electronically under Subsection
285285 26920A-21-201(6)(c)(ii)(B).
286286 270 Section 4. Section 20A-9-406 is amended to read:
287287 271 20A-9-406. Qualified political party -- Requirements and exemptions.
288288 272 The following provisions apply to a qualified political party:
289-273 (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
289+273 (1) the qualified political party shall, no later than 5 p.m. on the first Monday of 1st Sub. (Buff) H.B. 393 02-20-23 9:19 PM
290290 - 10 -
291291 274October of each odd-numbered year, certify to the lieutenant governor the identity of one or
292292 275more registered political parties whose members may vote for the qualified political party's
293293 276candidates and whether unaffiliated voters may vote for the qualified political party's
294294 277candidates;
295295 278 (2) the following provisions do not apply to a nomination for the qualified political
296296 279party:
297297 280 (a) Subsections 20A-9-403(1) through (3)(b) and (3)(d) through (4)(a);
298298 281 (b) Subsection 20A-9-403(5)(c); and
299299 282 (c) Section 20A-9-405;
300300 283 (3) subject to Section 20A-9-408.7, if applicable, an individual may only seek the
301301 284nomination of the qualified political party by using a method described in Section 20A-9-407,
302302 285Section 20A-9-408, or both;
303303 286 (4) subject to Section 20A-9-408.7, if applicable, the qualified political party shall
304304 287comply with the provisions of Sections 20A-9-407, 20A-9-408, and 20A-9-409;
305305 288 (5) notwithstanding Subsection 20A-6-301(1)(a), (1)(e), or (2)(a), each election officer
306306 289shall ensure that a ballot described in Section 20A-6-301 includes each individual nominated
307307 290by a qualified political party:
308308 291 (a) under the qualified political party's name, if any; or
309309 292 (b) under the title of the qualified registered political party as designated by the
310310 293qualified political party in the certification described in Subsection (1), or, if none is
311311 294designated, then under some suitable title;
312312 295 (6) notwithstanding Subsection 20A-6-302(1)(a), each election officer shall ensure, for
313313 296ballots in regular general elections, that each candidate who is nominated by the qualified
314314 297political party is listed by party;
315315 298 (7) notwithstanding Subsection 20A-6-304(1)(e), each election officer shall ensure that
316316 299the party designation of each candidate who is nominated by the qualified political party is
317317 300displayed adjacent to the candidate's name on a mechanical ballot;
318318 301 (8) "candidates for elective office," defined in Subsection 20A-9-101(1)(a), also
319319 302includes an individual who files a declaration of candidacy under Section 20A-9-407 or
320320 30320A-9-408 to run in a regular general election for a federal office, constitutional office,
321-304multicounty office, or county office; 02-23-23 3:38 PM 2nd Sub. (Gray) H.B. 393
321+304multicounty office, or county office; 02-20-23 9:19 PM 1st Sub. (Buff) H.B. 393
322322 - 11 -
323323 305 (9) an individual who is nominated by, or seeking the nomination of, the qualified
324324 306political party is not required to comply with Subsection 20A-9-201(1)(c);
325325 307 (10) notwithstanding Subsection 20A-9-403(3), the qualified political party is entitled
326326 308to have each of the qualified political party's candidates for elective office appear on the
327327 309primary ballot of the qualified political party with an indication that each candidate is a
328328 310candidate for the qualified political party;
329329 311 (11) notwithstanding Section 20A-9-403, an election officer shall ensure that, for a
330-312ballot in a regular primary election, if the qualified political party nominates at least one
330+312ballot in a regular primary election, if the qualified political party nominates more than one
331331 313candidate for a partisan elective office under the method described in Section 20A-9-407, or
332332 314nominates at least one candidate for a partisan elective office under each of the methods
333333 315described in Section 20A-9-407 and Section 20A-9-408:
334-316 (a) an asterisk is placed immediately to the right of the name of each candidate on the
335-317ballot that was nominated under the method described in 20A-9-407; and
334+316 (a) an asterisk is placed immediately to the right of the name of the candidate on the
335+317ballot that receives the majority of votes cast by the voters at the nominating convention; and
336336 318 (b) a separate asterisk is placed at the bottom of the ballot, aligned left, followed by the
337-319italicized statement: "This candidate has received the nomination of the candidate's political
338-320party at the party's nominating convention.";
337+319italicized statement: "This candidate received the majority of votes at the party's nominating
338+320convention.";
339339 321 [(11)] (12) notwithstanding Subsection 20A-9-403(4)(a), the lieutenant governor shall
340340 322include on the list provided by the lieutenant governor to the county clerks:
341341 323 (a) the names of all candidates of the qualified political party for federal, constitutional,
342342 324multicounty, and county offices; and
343343 325 (b) the names of unopposed candidates for elective office who have been nominated by
344344 326the qualified political party and instruct the county clerks to exclude such candidates from the
345345 327primary-election ballot;
346346 328 [(12)] (13) notwithstanding Subsection 20A-9-403(5)(c), a candidate who is unopposed
347347 329for an elective office in the regular primary election of the qualified political party is nominated
348348 330by the party for that office without appearing on the primary ballot; and
349349 331 [(13)] (14) notwithstanding the provisions of Subsections 20A-9-403(1) and (2) and
350350 332Section 20A-9-405, the qualified political party is entitled to have the names of its candidates
351351 333for elective office featured with party affiliation on the ballot at a regular general election.
352352 334 Section 5. Section 20A-9-407 is amended to read:
353-335 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
353+335 20A-9-407. Convention process to seek the nomination of a qualified political 1st Sub. (Buff) H.B. 393 02-20-23 9:19 PM
354354 - 12 -
355355 336party.
356356 337 (1) This section describes the requirements for a member of a qualified political party
357357 338who is seeking the nomination of a qualified political party for an elective office through the
358358 339qualified political party's convention process.
359359 340 (2) Notwithstanding Subsection 20A-9-201(7)(a), the form of the declaration of
360360 341candidacy for a member of a qualified political party who is nominated by, or who is seeking
361361 342the nomination of, the qualified political party under this section shall be substantially as
362362 343described in Section 20A-9-408.5.
363363 344 (3) Notwithstanding Subsection 20A-9-202(1)(a), and except as provided in Subsection
364364 34520A-9-202(4), a member of a qualified political party who, under this section, is seeking the
365365 346nomination of the qualified political party for an elective office that is to be filled at the next
366366 347general election, shall:
367367 348 (a) except as provided in Subsection 20A-9-202(1)(c), file a declaration of candidacy in
368368 349person with the filing officer during the declaration of candidacy filing period described in
369369 350Section 20A-9-201.5; and
370370 351 (b) pay the filing fee.
371371 352 (4) Notwithstanding Subsection 20A-9-202(2)(a), a member of a qualified political
372372 353party who, under this section, is seeking the nomination of the qualified political party for the
373373 354office of district attorney within a multicounty prosecution district that is to be filled at the next
374374 355general election shall:
375375 356 (a) file a declaration of candidacy with the county clerk designated in the interlocal
376376 357agreement creating the prosecution district during the declaration of candidacy filing period
377377 358described in Section 20A-9-201.5; and
378378 359 (b) pay the filing fee.
379379 360 (5) Notwithstanding Subsection 20A-9-202(3)(a)(iii), a lieutenant governor candidate
380380 361who files as the joint-ticket running mate of an individual who is nominated by a qualified
381381 362political party, under this section, for the office of governor shall, during the declaration of
382382 363candidacy filing period described in Section 20A-9-201.5, file a declaration of candidacy and
383383 364submit a letter from the candidate for governor that names the lieutenant governor candidate as
384384 365a joint-ticket running mate.
385-366 (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
385+366 (6) (a) A qualified political party that nominates a candidate under this section shall 02-20-23 9:19 PM 1st Sub. (Buff) H.B. 393
386386 - 13 -
387387 367certify the name of the candidate to the lieutenant governor before the deadline described in
388388 368Subsection 20A-9-202(1)(b).
389389 369 (b) The lieutenant governor shall include, in the primary ballot certification or, for a
390390 370race where a primary is not held because the candidate is unopposed, in the general election
391391 371ballot certification, the name of each candidate nominated by a qualified political party under
392392 372this section.
393393 373 (7) Notwithstanding Subsection 20A-9-701(2), the ballot shall, for each candidate who
394394 374is nominated by a qualified political party under this section, designate the qualified political
395395 375party that nominated the candidate.
396396 376 (8) A qualified political party that nominates one or more candidates under this section
397397 377shall certify the convention results to the lieutenant governor before the deadline described in
398398 378Subsection 20A-9-202(1)(b).
399399 379 (9) The certification of convention results described in Subsection (8) shall include, for
400400 380each race for the nomination for an office:
401401 381 (a) the name of each convention candidate seeking the party's nomination for that
402402 382office;
403403 383 (b) an explanation of the voting method used by the qualified political party to
404404 384nominate and eliminate convention candidates for that office; and
405405 385 (c) the percentage of the votes received by each candidate in each round of voting.
406406 386 Section 6. Section 20A-9-408 is amended to read:
407407 387 20A-9-408. Signature-gathering process to seek the nomination of a qualified
408408 388political party.
409409 389 (1) This section describes the requirements for a member of a qualified political party
410410 390who is seeking the nomination of the qualified political party for an elective office through the
411411 391signature-gathering process described in this section.
412412 392 (2) Notwithstanding Subsection 20A-9-201(7)(a), the form of the declaration of
413413 393candidacy for a member of a qualified political party who is nominated by, or who is seeking
414414 394the nomination of, the qualified political party under this section shall be substantially as
415415 395described in Section 20A-9-408.5.
416416 396 (3) Notwithstanding Subsection 20A-9-202(1)(a), and except as provided in Subsection
417-39720A-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
417+39720A-9-202(4), a member of a qualified political party who, under this section, is seeking the 1st Sub. (Buff) H.B. 393 02-20-23 9:19 PM
418418 - 14 -
419419 398nomination of the qualified political party for an elective office that is to be filled at the next
420420 399general election shall:
421421 400 (a) during the declaration of candidacy filing period described in Section 20A-9-201.5,
422422 401and before gathering signatures under this section, file with the filing officer on a form
423423 402approved by the lieutenant governor a notice of intent to gather signatures for candidacy that
424424 403includes:
425425 404 (i) the name of the member who will attempt to become a candidate for a registered
426426 405political party under this section;
427427 406 (ii) the name of the registered political party for which the member is seeking
428428 407nomination;
429429 408 (iii) the office for which the member is seeking to become a candidate;
430430 409 (iv) the address and telephone number of the member; and
431431 410 (v) other information required by the lieutenant governor;
432432 411 (b) except as provided in Subsection 20A-9-202(1)(c), file a declaration of candidacy,
433433 412in person, with the filing officer during the declaration of candidacy filing period described in
434434 413Section 20A-9-201.5; and
435435 414 (c) pay the filing fee.
436436 415 (4) Notwithstanding Subsection 20A-9-202(2)(a), a member of a qualified political
437437 416party who, under this section, is seeking the nomination of the qualified political party for the
438438 417office of district attorney within a multicounty prosecution district that is to be filled at the next
439439 418general election shall:
440440 419 (a) during the declaration of candidacy filing period described in Section 20A-9-201.5,
441441 420and before gathering signatures under this section, file with the filing officer on a form
442442 421approved by the lieutenant governor a notice of intent to gather signatures for candidacy that
443443 422includes:
444444 423 (i) the name of the member who will attempt to become a candidate for a registered
445445 424political party under this section;
446446 425 (ii) the name of the registered political party for which the member is seeking
447447 426nomination;
448448 427 (iii) the office for which the member is seeking to become a candidate;
449-428 (iv) the address and telephone number of the member; and 02-23-23 3:38 PM 2nd Sub. (Gray) H.B. 393
449+428 (iv) the address and telephone number of the member; and 02-20-23 9:19 PM 1st Sub. (Buff) H.B. 393
450450 - 15 -
451451 429 (v) other information required by the lieutenant governor;
452452 430 (b) except as provided in Subsection 20A-9-202(1)(c), file a declaration of candidacy,
453453 431in person, with the filing officer during the declaration of candidacy filing period described in
454454 432Section 20A-9-201.5; and
455455 433 (c) pay the filing fee.
456456 434 (5) Notwithstanding Subsection 20A-9-202(3)(a)(iii), a lieutenant governor candidate
457457 435who files as the joint-ticket running mate of an individual who is nominated by a qualified
458458 436political party, under this section, for the office of governor shall, during the declaration of
459459 437candidacy filing period described in Section 20A-9-201.5, file a declaration of candidacy and
460460 438submit a letter from the candidate for governor that names the lieutenant governor candidate as
461461 439a joint-ticket running mate.
462462 440 (6) [The] Subject to Section 20A-9-408.7, if applicable, the lieutenant governor shall
463463 441ensure that the certification described in Subsection 20A-9-701(1) also includes the name of
464464 442each candidate nominated by a qualified political party under this section.
465465 443 (7) Notwithstanding Subsection 20A-9-701(2), the ballot shall, for each candidate who
466466 444is nominated by a qualified political party under this section, designate the qualified political
467467 445party that nominated the candidate.
468468 446 (8) [A] Subject to Section 20A-9-408.7, if applicable, a member of a qualified political
469469 447party may seek the nomination of the qualified political party for an elective office by:
470470 448 (a) complying with the requirements described in this section; and
471471 449 (b) collecting signatures, on a form approved by the lieutenant governor that complies
472472 450with Subsection 20A-9-405(3), during the period beginning on the day on which the member
473473 451files a notice of intent to gather signatures and ending at 5 p.m. 14 days before the day on
474474 452which the qualified political party's convention for the office is held, in the following amounts:
475475 453 (i) for a statewide race, 28,000 signatures of registered voters in the state who are
476476 454permitted by the qualified political party to vote for the qualified political party's candidates in
477477 455a primary election;
478478 456 (ii) for a congressional district race, 7,000 signatures of registered voters who are
479479 457residents of the congressional district and are permitted by the qualified political party to vote
480480 458for the qualified political party's candidates in a primary election;
481-459 (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
481+459 (iii) for a state Senate district race, 2,000 signatures of registered voters who are 1st Sub. (Buff) H.B. 393 02-20-23 9:19 PM
482482 - 16 -
483483 460residents of the state Senate district and are permitted by the qualified political party to vote for
484484 461the qualified political party's candidates in a primary election;
485485 462 (iv) for a state House district race, 1,000 signatures of registered voters who are
486486 463residents of the state House district and are permitted by the qualified political party to vote for
487487 464the qualified political party's candidates in a primary election;
488488 465 (v) for a State Board of Education race, the lesser of:
489489 466 (A) 2,000 signatures of registered voters who are residents of the State Board of
490490 467Education district and are permitted by the qualified political party to vote for the qualified
491491 468political party's candidates in a primary election; or
492492 469 (B) 3% of the registered voters of the qualified political party who are residents of the
493493 470applicable State Board of Education district; and
494494 471 (vi) for a county office race, signatures of 3% of the registered voters who are residents
495495 472of the area permitted to vote for the county office and are permitted by the qualified political
496496 473party to vote for the qualified political party's candidates in a primary election.
497497 474 (9) (a) This Subsection (9) applies only to the manual candidate qualification process.
498498 475 (b) [In] Subject to Section 20A-9-408.7, if applicable, in order for a member of the
499499 476qualified political party to qualify as a candidate for the qualified political party's nomination
500500 477for an elective office under this section, using the manual candidate qualification process, the
501501 478member shall:
502502 479 (i) collect the signatures on a form approved by the lieutenant governor, using the same
503503 480circulation and verification requirements described in Sections 20A-7-204 and 20A-7-205; and
504504 481 (ii) submit the signatures to the election officer before 5 p.m. no later than 14 days
505505 482before the day on which the qualified political party holds the party's convention to select
506506 483candidates, for the elective office, for the qualified political party's nomination.
507507 484 (c) Upon timely receipt of the signatures described in Subsections (8) and (9)(b), the
508508 485election officer shall, no later than the earlier of 14 days after the day on which the election
509509 486officer receives the signatures, or one day before the day on which the qualified political party
510510 487holds the convention to select a nominee for the elective office to which the signature packets
511511 488relate:
512512 489 (i) check the name of each individual who completes the verification for a signature
513-490packet 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
513+490packet to determine whether each individual is a resident of Utah and is at least 18 years old; 02-20-23 9:19 PM 1st Sub. (Buff) H.B. 393
514514 - 17 -
515515 491 (ii) submit the name of each individual described in Subsection (9)(c)(i) who is not a
516516 492Utah resident or who is not at least 18 years old to the attorney general and the county attorney;
517517 493 (iii) determine whether each signer is a registered voter who is qualified to sign the
518518 494petition, using the same method, described in Section 20A-7-206.3, used to verify a signature
519519 495on a petition; and
520520 496 (iv) certify whether each name is that of a registered voter who is qualified to sign the
521521 497signature packet.
522522 498 (10) (a) This Subsection (10) applies only to the electronic candidate qualification
523523 499process.
524524 500 (b) [In] Subject to Section 20A-9-408.7, if applicable, in order for a member of the
525525 501qualified political party to qualify as a candidate for the qualified political party's nomination
526526 502for an elective office under this section, the member shall, before 5 p.m. no later than 14 days
527527 503before the day on which the qualified political party holds the party's convention to select
528528 504candidates, for the elective office, for the qualified political party's nomination, collect
529529 505signatures electronically:
530530 506 (i) in accordance with Section 20A-21-201; and
531531 507 (ii) using progressive screens, in a format approved by the lieutenant governor, that
532532 508complies with Subsection 20A-9-405(4).
533533 509 (c) Upon timely receipt of the signatures described in Subsections (8) and (9)(b), the
534534 510election officer shall, no later than the earlier of 14 days after the day on which the election
535535 511officer receives the signatures, or one day before the day on which the qualified political party
536536 512holds the convention to select a nominee for the elective office to which the signature packets
537537 513relate:
538538 514 (i) check the name of each individual who completes the verification for a signature to
539539 515determine whether each individual is a resident of Utah and is at least 18 years old; and
540540 516 (ii) submit the name of each individual described in Subsection (10)(c)(i) who is not a
541541 517Utah resident or who is not at least 18 years old to the attorney general and the county attorney.
542542 518 (11) (a) An individual may not gather signatures under this section until after the
543543 519individual files a notice of intent to gather signatures for candidacy described in this section.
544544 520 (b) An individual who files a notice of intent to gather signatures for candidacy,
545-521described 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
545+521described in Subsection (3)(a) or (4)(a), is, beginning on the day on which the individual files 1st Sub. (Buff) H.B. 393 02-20-23 9:19 PM
546546 - 18 -
547547 522the notice of intent to gather signatures for candidacy:
548548 523 (i) required to comply with the reporting requirements that a candidate for office is
549549 524required to comply with; and
550550 525 (ii) subject to the same enforcement provisions, and civil and criminal penalties, that
551551 526apply to a candidate for office in relation to the reporting requirements described in Subsection
552552 527(11)(b)(i).
553553 528 (c) Upon timely receipt of the signatures described in Subsections (8) and (9)(b), or
554554 529Subsections (8) and (10)(b), the election officer shall, no later than one day before the day on
555555 530which the qualified political party holds the convention to select a nominee for the elective
556556 531office to which the signature packets relate, notify the qualified political party and the
557557 532lieutenant governor of the name of each member of the qualified political party who qualifies
558558 533as a nominee of the qualified political party, under this section, for the elective office to which
559559 534the convention relates.
560560 535 (d) Upon receipt of a notice of intent to gather signatures for candidacy described in
561561 536this section, the lieutenant governor shall post the notice of intent to gather signatures for
562562 537candidacy on the lieutenant governor's website in the same location that the lieutenant governor
563563 538posts a declaration of candidacy.
564564 539 Section 7. Section 20A-9-408.7 is enacted to read:
565565 540 20A-9-408.7. Elimination of candidate nominated by signature-gathering.
566566 541 (1) A qualified political party may elect to nominate candidates for a partisan elective
567567 542office in accordance with the candidate elimination process described in this section.
568-543 (2) (a) Subject to Subsection (3), if a qualified political party nominates a candidate for
569-544partisan elective office under Section 20A-9-407, the candidate nominated for that office
570-545eliminates any other candidate that otherwise qualifies for placement on the primary ballot
571-546under Section 20A-9-408, if:
572-547 (i) in the first round of voting, the candidate receives at least 70% of the votes cast by
573-548the delegates at the convention; or
574-549 (ii) in a second or subsequent round of voting, the candidate receives at least 70% of
575-550the votes cast by the delegates at the convention and, in the immediately preceding round of
576-551voting, at least one other candidate for the partisan elective office is eliminated by the
577-552delegates; 02-23-23 3:38 PM 2nd Sub. (Gray) H.B. 393
568+543 (2) (a) Subject to Subsection (3), if a candidate obtains the nomination for a partisan
569+544elective office under Section 20A-9-407 with at least 70% of the votes cast by the delegates at
570+545the convention, that candidate eliminates any other candidate that otherwise qualifies for
571+546placement on the primary ballot under Section 20A-9-408 if, in the round of voting
572+547immediately preceding the round in which the candidate obtains the nomination for the elective
573+548office, at least one other candidate for that office is eliminated by the delegates at the
574+549convention.
575+550 (b) A qualified political party, in a written notice filed with the election officer, shall
576+551declare the qualified political party's intent to nominate candidates for an elective office in
577+552accordance with Subsection (2)(a): 02-20-23 9:19 PM 1st Sub. (Buff) H.B. 393
578578 - 19 -
579-553 (b) A qualified political party, in a written notice filed with the election officer, shall
580-554declare the qualified political party's intent to nominate candidates for an elective office in
581-555accordance with Subsection (2)(a):
582-556 (i) no later than 5:00 p.m. on the first Monday in October in each odd-numbered year;
583-557and
584-558 (ii) for a convention to fill a mid-term vacancy in the office of United States senator or
585-559United States representative, no later than 5:00 p.m. on the day after the day on which the
586-560governor issues the proclamation described in Subsection 20A-1-502(1) or Subsection
587-56120A-1-502.5(1).
588-562 (c) (i) A qualified political party that provides the notice of intent described in
589-563Subsection (2)(b)(i) may withdraw the notice of intent, and not participate in the candidate
590-564elimination process, if the qualified political party provides written notice of withdrawal to the
591-565election officer no later than 5:00 p.m. on November 30 of the year in which the notice of
592-566intent is filed.
593-567 (ii) A qualified political party may not withdraw a notice of intent filed under
594-568Subsection (2)(b)(ii).
595-569 (3) The candidate elimination process described in Subsection (2)(a) only applies if:
596-570 (a) a qualified political party timely files the notice of intent described in Subsection
597-571(2)(b)(i) or (ii), as applicable; and
598-572 (b) for the regular primary election, the qualified political party does not withdraw the
599-573notice of intent before the deadline described in Subsection (2)(c)(i).
600-574 Section 8. Section 20A-9-409 is amended to read:
601-575 20A-9-409. Primary election provisions relating to qualified political party.
602-576 (1) The regular primary election is held on the date specified in Section 20A-1-201.5.
603-577 (2) (a) A qualified political party that nominates one or more candidates for an elective
604-578office under Section 20A-9-407 and does not have a candidate qualify as a candidate for that
605-579office under Section 20A-9-408, may, but is not required to, participate in the primary election
606-580for that office.
607-581 (b) A qualified political party that has only one candidate qualify as a candidate for an
608-582elective office under Section 20A-9-408 and does not nominate a candidate for that office
609-583under 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
579+553 (i) no later than 5:00 p.m. on the first Monday in October in each odd-numbered year;
580+554and
581+555 (ii) for a convention to fill a mid-term vacancy in the office of United States senator or
582+556United States representative, no later than 5:00 p.m. on the day after the day on which the
583+557governor issues the proclamation described in Subsection 20A-1-502(1) or Subsection
584+55820A-1-502.5(1).
585+559 (c) (i) A qualified political party that provides the notice of intent described in
586+560Subsection (2)(b)(i) may withdraw the notice of intent, and not participate in the candidate
587+561elimination process, if the qualified political party provides written notice of withdrawal to the
588+562election officer no later than 5:00 p.m. on November 30 of the year in which the notice of
589+563intent is filed.
590+564 (ii) A qualified political party may not withdraw a notice of intent filed under
591+565Subsection (2)(b)(ii).
592+566 (3) The candidate elimination process described in Subsection (2)(a) only applies if:
593+567 (a) a qualified political party timely files the notice of intent described in Subsection
594+568(2)(b)(i) or (ii), as applicable; and
595+569 (b) for the regular primary election, the qualified political party does not withdraw the
596+570notice of intent before the deadline described in Subsection (2)(c)(i).
597+571 Section 8. Section 20A-9-409 is amended to read:
598+572 20A-9-409. Primary election provisions relating to qualified political party.
599+573 (1) The regular primary election is held on the date specified in Section 20A-1-201.5.
600+574 (2) (a) A qualified political party that nominates one or more candidates for an elective
601+575office under Section 20A-9-407 and does not have a candidate qualify as a candidate for that
602+576office under Section 20A-9-408, may, but is not required to, participate in the primary election
603+577for that office.
604+578 (b) A qualified political party that has only one candidate qualify as a candidate for an
605+579elective office under Section 20A-9-408 and does not nominate a candidate for that office
606+580under Section 20A-9-407, may, but is not required to, participate in the primary election for
607+581that office.
608+582 (c) A qualified political party that nominates only one candidate for an elective office
609+583under Section 20A-9-407 and has one or more candidates qualify as a candidate for that office 1st Sub. (Buff) H.B. 393 02-20-23 9:19 PM
610610 - 20 -
611-584that office.
612-585 (c) A qualified political party that nominates only one candidate for an elective office
613-586under Section 20A-9-407 and has one or more candidates qualify as a candidate for that office
614-587under Section 20A-9-408, may, but is not required to, participate in the primary election for
615-588that office if:
616-589 (i) the qualified political party nominates candidates for an elective office under the
617-590candidate elimination process described in Section 20A-9-408.7; and
618-591 (ii) the nomination of the candidate or candidates that qualify for the elective office
619-592under Section 20A-9-408 are, under Section 20A-9-408.7, eliminated by a candidate nominated
620-593for that office under Section 20A-9-407.
621-594 [(c)] (d) A qualified political party that nominates one or more candidates for an
622-595elective office under Section 20A-9-407 and has one or more candidates qualify as a candidate
623-596for that office under Section 20A-9-408 shall participate in the primary election for that office.
624-597 [(d)] (e) A qualified political party that has two or more candidates qualify as
625-598candidates for an elective office under Section 20A-9-408 and does not nominate a candidate
626-599for that office under Section 20A-9-407 shall participate in the primary election for that office.
627-600 (3) Notwithstanding Subsection (2), in an opt-in county, as defined in Section
628-60117-52a-201 or 17-52a-202, a qualified political party shall participate in the primary election
629-602for a county commission office if:
630-603 (a) there is more than one:
631-604 (i) open position as defined in Section 17-52a-201; or
632-605 (ii) midterm vacancy as defined in Section 17-52a-201; and
633-606 (b) the number of candidates nominated under Section 20A-9-407 or qualified under
634-607Section 20A-9-408 for the respective open positions or midterm vacancies exceeds the number
635-608of respective open positions or midterm vacancies.
636-609 (4) (a) As used in this Subsection (4), a candidate is "unopposed" if:
637-610 (i) no individual other than the candidate receives a certification, from the appropriate
638-611filing officer, for the regular primary election ballot of the candidate's registered political party
639-612for a particular elective office; or
640-613 (ii) for an office where more than one individual is to be elected or nominated, the
641-614number of candidates who receive certification, from the appropriate filing officer, for the 02-23-23 3:38 PM 2nd Sub. (Gray) H.B. 393
611+584under Section 20A-9-408, may, but is not required to, participate in the primary election for
612+585that office if:
613+586 (i) the qualified political party nominates candidates for an elective office under the
614+587candidate elimination process described in Section 20A-9-408.7; and
615+588 (ii) the nomination of the candidate or candidates that qualify for the elective office
616+589under Section 20A-9-408 are, under Section 20A-9-408.7, eliminated by a candidate nominated
617+590for that office under Section 20A-9-407.
618+591 [(c)] (d) A qualified political party that nominates one or more candidates for an
619+592elective office under Section 20A-9-407 and has one or more candidates qualify as a candidate
620+593for that office under Section 20A-9-408 shall participate in the primary election for that office.
621+594 [(d)] (e) A qualified political party that has two or more candidates qualify as
622+595candidates for an elective office under Section 20A-9-408 and does not nominate a candidate
623+596for that office under Section 20A-9-407 shall participate in the primary election for that office.
624+597 (3) Notwithstanding Subsection (2), in an opt-in county, as defined in Section
625+59817-52a-201 or 17-52a-202, a qualified political party shall participate in the primary election
626+599for a county commission office if:
627+600 (a) there is more than one:
628+601 (i) open position as defined in Section 17-52a-201; or
629+602 (ii) midterm vacancy as defined in Section 17-52a-201; and
630+603 (b) the number of candidates nominated under Section 20A-9-407 or qualified under
631+604Section 20A-9-408 for the respective open positions or midterm vacancies exceeds the number
632+605of respective open positions or midterm vacancies.
633+606 (4) (a) As used in this Subsection (4), a candidate is "unopposed" if:
634+607 (i) no individual other than the candidate receives a certification, from the appropriate
635+608filing officer, for the regular primary election ballot of the candidate's registered political party
636+609for a particular elective office; or
637+610 (ii) for an office where more than one individual is to be elected or nominated, the
638+611number of candidates who receive certification, from the appropriate filing officer, for the
639+612regular primary election of the candidate's registered political party does not exceed the total
640+613number of candidates to be elected or nominated for that office.
641+614 (b) Before the deadline described in Subsection (4)(c), the lieutenant governor shall: 02-20-23 9:19 PM 1st Sub. (Buff) H.B. 393
642642 - 21 -
643-615regular primary election of the candidate's registered political party does not exceed the total
644-616number of candidates to be elected or nominated for that office.
645-617 (b) Before the deadline described in Subsection (4)(c), the lieutenant governor shall:
646-618 (i) provide to the county clerks:
647-619 (A) a list of the names of all candidates for federal, constitutional, multi-county, single
648-620county, and county offices who have received certifications from the appropriate filing officer,
649-621along with instructions on how those names shall appear on the primary election ballot in
650-622accordance with Section 20A-6-305; and
651-623 (B) a list of unopposed candidates for elective office who have been nominated by a
652-624registered political party; and
653-625 (ii) instruct the county clerks to exclude unopposed candidates from the primary
654-626election ballot.
655-627 (c) The deadline described in Subsection (4)(b) is 5 p.m. on the first Wednesday after
656-628the fourth Saturday in April.
643+615 (i) provide to the county clerks:
644+616 (A) a list of the names of all candidates for federal, constitutional, multi-county, single
645+617county, and county offices who have received certifications from the appropriate filing officer,
646+618along with instructions on how those names shall appear on the primary election ballot in
647+619accordance with Section 20A-6-305; and
648+620 (B) a list of unopposed candidates for elective office who have been nominated by a
649+621registered political party; and
650+622 (ii) instruct the county clerks to exclude unopposed candidates from the primary
651+623election ballot.
652+624 (c) The deadline described in Subsection (4)(b) is 5 p.m. on the first Wednesday after
653+625the fourth Saturday in April.