Utah 2023 Regular Session

Utah House Bill HB0453 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	H.B. 453
2	2	LEGISLATIVE GENERAL COUNSEL
3	3	6 Approved for Filing: M. Cipriano 6
4	4	6 02-13-23 10:22 AM 6
5	5	H.B. 453
6	6	1 SCHOOL BOARD ELECTI ONS
7	7	2 2023 GENERAL SESSION
8	8	3 STATE OF UTAH
9	9	4 Chief Sponsor: Raymond P. Ward
10	10	5 Senate Sponsor: ____________
11	11	6
12	12	7LONG TITLE
13	13	8General Description:
14	14	9 This bill addresses the nomination for the office of State Board of Education member.
15	15	10Highlighted Provisions:
16	16	11 This bill:
17	17	12 <reduces the number of signatures required for a member of a qualified political party
18	18	13to qualify for the nomination for an office on the State Board of Education.
19	19	14Money Appropriated in this Bill:
20	20	15 None
21	21	16Other Special Clauses:
22	22	17 None
23	23	18Utah Code Sections Affected:
24	24	19AMENDS:
25	25	20 20A-9-408, as last amended by Laws of Utah 2022, Chapters 13, 325
26	26	21
27	27	22Be it enacted by the Legislature of the state of Utah:
28	28	23 Section 1. Section 20A-9-408 is amended to read:
29	29	24 20A-9-408. Signature-gathering process to seek the nomination of a qualified
30	30	25political party.
31	31	26 (1) This section describes the requirements for a member of a qualified political party
32	32	27who is seeking the nomination of the qualified political party for an elective office through the
33	33	HB0453 H.B. 453 02-13-23 10:22 AM
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35	35	28signature-gathering process described in this section.
36	36	29 (2) Notwithstanding Subsection 20A-9-201(7)(a), the form of the declaration of
37	37	30candidacy for a member of a qualified political party who is nominated by, or who is seeking
38	38	31the nomination of, the qualified political party under this section shall be substantially as
39	39	32described in Section 20A-9-408.5.
40	40	33 (3) Notwithstanding Subsection 20A-9-202(1)(a), and except as provided in Subsection
41	41	3420A-9-202(4), a member of a qualified political party who, under this section, is seeking the
42	42	35nomination of the qualified political party for an elective office that is to be filled at the next
43	43	36general election shall:
44	44	37 (a) during the declaration of candidacy filing period described in Section 20A-9-201.5,
45	45	38and before gathering signatures under this section, file with the filing officer on a form
46	46	39approved by the lieutenant governor a notice of intent to gather signatures for candidacy that
47	47	40includes:
48	48	41 (i) the name of the member who will attempt to become a candidate for a registered
49	49	42political party under this section;
50	50	43 (ii) the name of the registered political party for which the member is seeking
51	51	44nomination;
52	52	45 (iii) the office for which the member is seeking to become a candidate;
53	53	46 (iv) the address and telephone number of the member; and
54	54	47 (v) other information required by the lieutenant governor;
55	55	48 (b) except as provided in Subsection 20A-9-202(1)(c), file a declaration of candidacy,
56	56	49in person, with the filing officer during the declaration of candidacy filing period described in
57	57	50Section 20A-9-201.5; and
58	58	51 (c) pay the filing fee.
59	59	52 (4) Notwithstanding Subsection 20A-9-202(2)(a), a member of a qualified political
60	60	53party who, under this section, is seeking the nomination of the qualified political party for the
61	61	54office of district attorney within a multicounty prosecution district that is to be filled at the next
62	62	55general election shall:
63	63	56 (a) during the declaration of candidacy filing period described in Section 20A-9-201.5,
64	64	57and before gathering signatures under this section, file with the filing officer on a form
65	65	58approved by the lieutenant governor a notice of intent to gather signatures for candidacy that 02-13-23 10:22 AM H.B. 453
66	66	- 3 -
67	67	59includes:
68	68	60 (i) the name of the member who will attempt to become a candidate for a registered
69	69	61political party under this section;
70	70	62 (ii) the name of the registered political party for which the member is seeking
71	71	63nomination;
72	72	64 (iii) the office for which the member is seeking to become a candidate;
73	73	65 (iv) the address and telephone number of the member; and
74	74	66 (v) other information required by the lieutenant governor;
75	75	67 (b) except as provided in Subsection 20A-9-202(1)(c), file a declaration of candidacy,
76	76	68in person, with the filing officer during the declaration of candidacy filing period described in
77	77	69Section 20A-9-201.5; and
78	78	70 (c) pay the filing fee.
79	79	71 (5) Notwithstanding Subsection 20A-9-202(3)(a)(iii), a lieutenant governor candidate
80	80	72who files as the joint-ticket running mate of an individual who is nominated by a qualified
81	81	73political party, under this section, for the office of governor shall, during the declaration of
82	82	74candidacy filing period described in Section 20A-9-201.5, file a declaration of candidacy and
83	83	75submit a letter from the candidate for governor that names the lieutenant governor candidate as
84	84	76a joint-ticket running mate.
85	85	77 (6) The lieutenant governor shall ensure that the certification described in Subsection
86	86	7820A-9-701(1) also includes the name of each candidate nominated by a qualified political party
87	87	79under this section.
88	88	80 (7) Notwithstanding Subsection 20A-9-701(2), the ballot shall, for each candidate who
89	89	81is nominated by a qualified political party under this section, designate the qualified political
90	90	82party that nominated the candidate.
91	91	83 (8) A member of a qualified political party may seek the nomination of the qualified
92	92	84political party for an elective office by:
93	93	85 (a) complying with the requirements described in this section; and
94	94	86 (b) collecting signatures, on a form approved by the lieutenant governor that complies
95	95	87with Subsection 20A-9-405(3), during the period beginning on the day on which the member
96	96	88files a notice of intent to gather signatures and ending at 5 p.m. 14 days before the day on
97	97	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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99	99	90 (i) for a statewide race, 28,000 signatures of registered voters in the state who are
100	100	91permitted by the qualified political party to vote for the qualified political party's candidates in
101	101	92a primary election;
102	102	93 (ii) for a congressional district race, 7,000 signatures of registered voters who are
103	103	94residents of the congressional district and are permitted by the qualified political party to vote
104	104	95for the qualified political party's candidates in a primary election;
105	105	96 (iii) for a state Senate district race, 2,000 signatures of registered voters who are
106	106	97residents of the state Senate district and are permitted by the qualified political party to vote for
107	107	98the qualified political party's candidates in a primary election;
108	108	99 (iv) for a state House district race, 1,000 signatures of registered voters who are
109	109	100residents of the state House district and are permitted by the qualified political party to vote for
110	110	101the qualified political party's candidates in a primary election;
111	111	102 (v) for a State Board of Education race, the lesser of:
112	112	103 (A) [2,000] 500 signatures of registered voters who are residents of the State Board of
113	113	104Education district and are permitted by the qualified political party to vote for the qualified
114	114	105political party's candidates in a primary election; or
115	115	106 (B) 3% of the registered voters of the qualified political party who are residents of the
116	116	107applicable State Board of Education district; and
117	117	108 (vi) for a county office race, signatures of 3% of the registered voters who are residents
118	118	109of the area permitted to vote for the county office and are permitted by the qualified political
119	119	110party to vote for the qualified political party's candidates in a primary election.
120	120	111 (9) (a) This Subsection (9) applies only to the manual candidate qualification process.
121	121	112 (b) In order for a member of the qualified political party to qualify as a candidate for
122	122	113the qualified political party's nomination for an elective office under this section, using the
123	123	114manual candidate qualification process, the member shall:
124	124	115 (i) collect the signatures on a form approved by the lieutenant governor, using the same
125	125	116circulation and verification requirements described in Sections 20A-7-204 and 20A-7-205; and
126	126	117 (ii) submit the signatures to the election officer before 5 p.m. no later than 14 days
127	127	118before the day on which the qualified political party holds the party's convention to select
128	128	119candidates, for the elective office, for the qualified political party's nomination.
129	129	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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131	131	121election officer shall, no later than the earlier of 14 days after the day on which the election
132	132	122officer receives the signatures, or one day before the day on which the qualified political party
133	133	123holds the convention to select a nominee for the elective office to which the signature packets
134	134	124relate:
135	135	125 (i) check the name of each individual who completes the verification for a signature
136	136	126packet to determine whether each individual is a resident of Utah and is at least 18 years old;
137	137	127 (ii) submit the name of each individual described in Subsection (9)(c)(i) who is not a
138	138	128Utah resident or who is not at least 18 years old to the attorney general and the county attorney;
139	139	129 (iii) determine whether each signer is a registered voter who is qualified to sign the
140	140	130petition, using the same method, described in Section 20A-7-206.3, used to verify a signature
141	141	131on a petition; and
142	142	132 (iv) certify whether each name is that of a registered voter who is qualified to sign the
143	143	133signature packet.
144	144	134 (10) (a) This Subsection (10) applies only to the electronic candidate qualification
145	145	135process.
146	146	136 (b) In order for a member of the qualified political party to qualify as a candidate for
147	147	137the qualified political party's nomination for an elective office under this section, the member
148	148	138shall, before 5 p.m. no later than 14 days before the day on which the qualified political party
149	149	139holds the party's convention to select candidates, for the elective office, for the qualified
150	150	140political party's nomination, collect signatures electronically:
151	151	141 (i) in accordance with Section 20A-21-201; and
152	152	142 (ii) using progressive screens, in a format approved by the lieutenant governor, that
153	153	143complies with Subsection 20A-9-405(4).
154	154	144 (c) Upon timely receipt of the signatures described in Subsections (8) and (9)(b), the
155	155	145election officer shall, no later than the earlier of 14 days after the day on which the election
156	156	146officer receives the signatures, or one day before the day on which the qualified political party
157	157	147holds the convention to select a nominee for the elective office to which the signature packets
158	158	148relate:
159	159	149 (i) check the name of each individual who completes the verification for a signature to
160	160	150determine whether each individual is a resident of Utah and is at least 18 years old; and
161	161	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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163	163	152Utah resident or who is not at least 18 years old to the attorney general and the county attorney.
164	164	153 (11) (a) An individual may not gather signatures under this section until after the
165	165	154individual files a notice of intent to gather signatures for candidacy described in this section.
166	166	155 (b) An individual who files a notice of intent to gather signatures for candidacy,
167	167	156described in Subsection (3)(a) or (4)(a), is, beginning on the day on which the individual files
168	168	157the notice of intent to gather signatures for candidacy:
169	169	158 (i) required to comply with the reporting requirements that a candidate for office is
170	170	159required to comply with; and
171	171	160 (ii) subject to the same enforcement provisions, and civil and criminal penalties, that
172	172	161apply to a candidate for office in relation to the reporting requirements described in Subsection
173	173	162(11)(b)(i).
174	174	163 (c) Upon timely receipt of the signatures described in Subsections (8) and (9)(b), or
175	175	164Subsections (8) and (10)(b), the election officer shall, no later than one day before the day on
176	176	165which the qualified political party holds the convention to select a nominee for the elective
177	177	166office to which the signature packets relate, notify the qualified political party and the
178	178	167lieutenant governor of the name of each member of the qualified political party who qualifies
179	179	168as a nominee of the qualified political party, under this section, for the elective office to which
180	180	169the convention relates.
181	181	170 (d) Upon receipt of a notice of intent to gather signatures for candidacy described in
182	182	171this section, the lieutenant governor shall post the notice of intent to gather signatures for
183	183	172candidacy on the lieutenant governor's website in the same location that the lieutenant governor
184	184	173posts a declaration of candidacy.