H.B. 453
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: M. Cipriano 6
6 02-13-23 10:22 AM 6
H.B. 453
1 SCHOOL BOARD ELECTI ONS
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Raymond P. Ward
5 Senate Sponsor: ____________
6
7LONG TITLE
8General Description:
9 This bill addresses the nomination for the office of State Board of Education member.
10Highlighted Provisions:
11 This bill:
12 <reduces the number of signatures required for a member of a qualified political party
13to qualify for the nomination for an office on the State Board of Education.
14Money Appropriated in this Bill:
15 None
16Other Special Clauses:
17 None
18Utah Code Sections Affected:
19AMENDS:
20 20A-9-408, as last amended by Laws of Utah 2022, Chapters 13, 325
21
22Be it enacted by the Legislature of the state of Utah:
23 Section 1. Section 20A-9-408 is amended to read:
24 20A-9-408. Signature-gathering process to seek the nomination of a qualified
25political party.
26 (1) This section describes the requirements for a member of a qualified political party
27who is seeking the nomination of the qualified political party for an elective office through the
*HB0453* H.B. 453 02-13-23 10:22 AM
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28signature-gathering process described in this section.
29 (2) Notwithstanding Subsection 20A-9-201(7)(a), the form of the declaration of
30candidacy for a member of a qualified political party who is nominated by, or who is seeking
31the nomination of, the qualified political party under this section shall be substantially as
32described in Section 20A-9-408.5.
33 (3) Notwithstanding Subsection 20A-9-202(1)(a), and except as provided in Subsection
3420A-9-202(4), a member of a qualified political party who, under this section, is seeking the
35nomination of the qualified political party for an elective office that is to be filled at the next
36general election shall:
37 (a) during the declaration of candidacy filing period described in Section 20A-9-201.5,
38and before gathering signatures under this section, file with the filing officer on a form
39approved by the lieutenant governor a notice of intent to gather signatures for candidacy that
40includes:
41 (i) the name of the member who will attempt to become a candidate for a registered
42political party under this section;
43 (ii) the name of the registered political party for which the member is seeking
44nomination;
45 (iii) the office for which the member is seeking to become a candidate;
46 (iv) the address and telephone number of the member; and
47 (v) other information required by the lieutenant governor;
48 (b) except as provided in Subsection 20A-9-202(1)(c), file a declaration of candidacy,
49in person, with the filing officer during the declaration of candidacy filing period described in
50Section 20A-9-201.5; and
51 (c) pay the filing fee.
52 (4) Notwithstanding Subsection 20A-9-202(2)(a), a member of a qualified political
53party who, under this section, is seeking the nomination of the qualified political party for the
54office of district attorney within a multicounty prosecution district that is to be filled at the next
55general election shall:
56 (a) during the declaration of candidacy filing period described in Section 20A-9-201.5,
57and before gathering signatures under this section, file with the filing officer on a form
58approved by the lieutenant governor a notice of intent to gather signatures for candidacy that 02-13-23 10:22 AM H.B. 453
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59includes:
60 (i) the name of the member who will attempt to become a candidate for a registered
61political party under this section;
62 (ii) the name of the registered political party for which the member is seeking
63nomination;
64 (iii) the office for which the member is seeking to become a candidate;
65 (iv) the address and telephone number of the member; and
66 (v) other information required by the lieutenant governor;
67 (b) except as provided in Subsection 20A-9-202(1)(c), file a declaration of candidacy,
68in person, with the filing officer during the declaration of candidacy filing period described in
69Section 20A-9-201.5; and
70 (c) pay the filing fee.
71 (5) Notwithstanding Subsection 20A-9-202(3)(a)(iii), a lieutenant governor candidate
72who files as the joint-ticket running mate of an individual who is nominated by a qualified
73political party, under this section, for the office of governor shall, during the declaration of
74candidacy filing period described in Section 20A-9-201.5, file a declaration of candidacy and
75submit a letter from the candidate for governor that names the lieutenant governor candidate as
76a joint-ticket running mate.
77 (6) The lieutenant governor shall ensure that the certification described in Subsection
7820A-9-701(1) also includes the name of each candidate nominated by a qualified political party
79under this section.
80 (7) Notwithstanding Subsection 20A-9-701(2), the ballot shall, for each candidate who
81is nominated by a qualified political party under this section, designate the qualified political
82party that nominated the candidate.
83 (8) A member of a qualified political party may seek the nomination of the qualified
84political party for an elective office by:
85 (a) complying with the requirements described in this section; and
86 (b) collecting signatures, on a form approved by the lieutenant governor that complies
87with Subsection 20A-9-405(3), during the period beginning on the day on which the member
88files a notice of intent to gather signatures and ending at 5 p.m. 14 days before the day on
89which the qualified political party's convention for the office is held, in the following amounts: H.B. 453 02-13-23 10:22 AM
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90 (i) for a statewide race, 28,000 signatures of registered voters in the state who are
91permitted by the qualified political party to vote for the qualified political party's candidates in
92a primary election;
93 (ii) for a congressional district race, 7,000 signatures of registered voters who are
94residents of the congressional district and are permitted by the qualified political party to vote
95for the qualified political party's candidates in a primary election;
96 (iii) for a state Senate district race, 2,000 signatures of registered voters who are
97residents of the state Senate district and are permitted by the qualified political party to vote for
98the qualified political party's candidates in a primary election;
99 (iv) for a state House district race, 1,000 signatures of registered voters who are
100residents of the state House district and are permitted by the qualified political party to vote for
101the qualified political party's candidates in a primary election;
102 (v) for a State Board of Education race, the lesser of:
103 (A) [2,000] 500 signatures of registered voters who are residents of the State Board of
104Education district and are permitted by the qualified political party to vote for the qualified
105political party's candidates in a primary election; or
106 (B) 3% of the registered voters of the qualified political party who are residents of the
107applicable State Board of Education district; and
108 (vi) for a county office race, signatures of 3% of the registered voters who are residents
109of the area permitted to vote for the county office and are permitted by the qualified political
110party to vote for the qualified political party's candidates in a primary election.
111 (9) (a) This Subsection (9) applies only to the manual candidate qualification process.
112 (b) In order for a member of the qualified political party to qualify as a candidate for
113the qualified political party's nomination for an elective office under this section, using the
114manual candidate qualification process, the member shall:
115 (i) collect the signatures on a form approved by the lieutenant governor, using the same
116circulation and verification requirements described in Sections 20A-7-204 and 20A-7-205; and
117 (ii) submit the signatures to the election officer before 5 p.m. no later than 14 days
118before the day on which the qualified political party holds the party's convention to select
119candidates, for the elective office, for the qualified political party's nomination.
120 (c) Upon timely receipt of the signatures described in Subsections (8) and (9)(b), the 02-13-23 10:22 AM H.B. 453
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121election officer shall, no later than the earlier of 14 days after the day on which the election
122officer receives the signatures, or one day before the day on which the qualified political party
123holds the convention to select a nominee for the elective office to which the signature packets
124relate:
125 (i) check the name of each individual who completes the verification for a signature
126packet to determine whether each individual is a resident of Utah and is at least 18 years old;
127 (ii) submit the name of each individual described in Subsection (9)(c)(i) who is not a
128Utah resident or who is not at least 18 years old to the attorney general and the county attorney;
129 (iii) determine whether each signer is a registered voter who is qualified to sign the
130petition, using the same method, described in Section 20A-7-206.3, used to verify a signature
131on a petition; and
132 (iv) certify whether each name is that of a registered voter who is qualified to sign the
133signature packet.
134 (10) (a) This Subsection (10) applies only to the electronic candidate qualification
135process.
136 (b) In order for a member of the qualified political party to qualify as a candidate for
137the qualified political party's nomination for an elective office under this section, the member
138shall, before 5 p.m. no later than 14 days before the day on which the qualified political party
139holds the party's convention to select candidates, for the elective office, for the qualified
140political party's nomination, collect signatures electronically:
141 (i) in accordance with Section 20A-21-201; and
142 (ii) using progressive screens, in a format approved by the lieutenant governor, that
143complies with Subsection 20A-9-405(4).
144 (c) Upon timely receipt of the signatures described in Subsections (8) and (9)(b), the
145election officer shall, no later than the earlier of 14 days after the day on which the election
146officer receives the signatures, or one day before the day on which the qualified political party
147holds the convention to select a nominee for the elective office to which the signature packets
148relate:
149 (i) check the name of each individual who completes the verification for a signature to
150determine whether each individual is a resident of Utah and is at least 18 years old; and
151 (ii) submit the name of each individual described in Subsection (10)(c)(i) who is not a H.B. 453 02-13-23 10:22 AM
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152Utah resident or who is not at least 18 years old to the attorney general and the county attorney.
153 (11) (a) An individual may not gather signatures under this section until after the
154individual files a notice of intent to gather signatures for candidacy described in this section.
155 (b) An individual who files a notice of intent to gather signatures for candidacy,
156described in Subsection (3)(a) or (4)(a), is, beginning on the day on which the individual files
157the notice of intent to gather signatures for candidacy:
158 (i) required to comply with the reporting requirements that a candidate for office is
159required to comply with; and
160 (ii) subject to the same enforcement provisions, and civil and criminal penalties, that
161apply to a candidate for office in relation to the reporting requirements described in Subsection
162(11)(b)(i).
163 (c) Upon timely receipt of the signatures described in Subsections (8) and (9)(b), or
164Subsections (8) and (10)(b), the election officer shall, no later than one day before the day on
165which the qualified political party holds the convention to select a nominee for the elective
166office to which the signature packets relate, notify the qualified political party and the
167lieutenant governor of the name of each member of the qualified political party who qualifies
168as a nominee of the qualified political party, under this section, for the elective office to which
169the convention relates.
170 (d) Upon receipt of a notice of intent to gather signatures for candidacy described in
171this section, the lieutenant governor shall post the notice of intent to gather signatures for
172candidacy on the lieutenant governor's website in the same location that the lieutenant governor
173posts a declaration of candidacy.