Candidate Petition Amendments

38
20A-1-501
20A-1-1002
20A-3a-106
20A-6-301
20A-6-302
20A-6-304
20A-9-403
20A-9-405
20A-9-406
20A-9-408
20A-9-502
20A-9-701
0
Candidate Petition Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Lisa Shepherd
Senate Sponsor: Daniel McCay
LONG TITLE
Committee Note:
The Government Operations Interim Committee recommended this bill.
Legislative Vote:
6 voting for
5 voting against
6 absent
General Description:
This bill amends provisions related to candidate nomination petitions.
Highlighted Provisions:
This bill:
requires a candidate who seeks the nomination for an elective office by gathering
signatures of registered voters to submit the signatures to the county clerk of each
registered voter's residence;
provides that a county clerk may only certify the signature of a registered voter described
above if the registered voter is a resident of the county clerk's county;
for a signature gathering candidate who seeks the nomination for an office in a district
where the officeholder is elected by the voters from more than one county, requires the
county clerk of each county to which the candidate submits signatures to:
count the number of valid signatures submitted by the candidate; and
certify the number of valid signatures to the lieutenant governor;
for an elective office described above, requires the lieutenant governor to:
count the total number of valid signatures received from each county clerk; and
if the aggregate number of valid signatures is sufficient for the candidate to qualify for
placement on the ballot, certify the signatures;
amends the candidate nomination petition forms to specify that only a registered voter
residing in the county where a candidate submits signatures for verification should sign
the candidate's nomination petition;
for a candidate for elective office seeking the nomination of a qualified political party
through signature-gathering, shortens the deadline for the candidate to submit signatures
to an election official from 14 to 21 days before the day on which the party holds a
convention to nominate a candidate for the same elective office; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
20A-1-501
, as last amended by Laws of Utah 2025, First Special Session, Chapter 16
20A-1-1002
, as enacted by Laws of Utah 2023, Chapter 116
20A-3a-106
, as last amended by Laws of Utah 2025, Chapters 381, 448
20A-6-301
, as last amended by Laws of Utah 2025, Chapter 39
20A-6-302
, as last amended by Laws of Utah 2025, Chapters 39, 448
20A-6-304
, as last amended by Laws of Utah 2021, Chapter 136
20A-9-403
, as last amended by Laws of Utah 2025, Chapters 39, 448
20A-9-405
, as last amended by Laws of Utah 2025, Chapter 38
20A-9-406
, as last amended by Laws of Utah 2025, Second Special Session, Chapter 2
20A-9-408
, as last amended by Laws of Utah 2025, Second Special Session, Chapter 2
20A-9-502
, as last amended by Laws of Utah 2025, Second Special Session, Chapter 2
20A-9-701
, as last amended by Laws of Utah 2015, Chapter 296
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
20A-1-501
is amended to read:
20A-1-501
. Candidate vacancies -- Procedure for filling.
(1)
As used in this section, "central committee" means:
(a)
the state central committee of a political party, for a candidate for:
(i)
United States senator, United States representative, governor, lieutenant governor,
attorney general, state treasurer, or state auditor; or
(ii)
state legislator if the legislative district encompasses all or a portion of more than
one county; or
(b)
the county central committee of a political party, for a party candidate seeking an
office, other than an office described in Subsection
(1)(a)
, elected at an election held
in an even-numbered year.
(2)
Except as provided in Subsection
(6)
, the central committee may certify the name of
another candidate to the appropriate election officer if:
(a)
for a registered political party that will have a candidate on a ballot in a primary
election:
(i)
after the close of the period for filing a declaration of candidacy and continuing
through the day before the day on which the lieutenant governor provides the list
described in Subsection
20A-9-403(4)(a)
20A-9-403(9)(a)
, only one or two
candidates from that party have filed a declaration of candidacy for that office and
one or both dies, resigns as a candidate, or is disqualified as a candidate; and
(ii)
the central committee provides written certification of the replacement candidate
to the appropriate election officer before the day on which the lieutenant governor
provides the list described in Subsection
20A-9-403(4)(a)
20A-9-403(9)(a)
;
(b)
for a registered political party that does not have a candidate on the ballot in a
primary, but will have a candidate on the ballot for a regular general election:
(i)
after the close of the period for filing a declaration of candidacy and continuing
through the day before the day on which the lieutenant governor makes the
certification described in Section
20A-5-409
, the party's candidate dies, resigns as
a candidate, or is disqualified as a candidate; and
(ii)
the central committee provides written certification of the replacement candidate
to the appropriate election officer before the day on which the lieutenant governor
makes the certification described in Section
20A-5-409
; or
(c)
for a registered political party with a candidate certified as winning a primary
election:
(i)
after the close of the period for filing a declaration of candidacy and continuing
through the day before the day on which the lieutenant governor makes the
certification described in Section
20A-5-409
, the party's candidate dies, resigns as
a candidate, or is disqualified as a candidate; and
(ii)
the central committee provides written certification of the replacement candidate
to the appropriate election officer before the day on which the lieutenant governor
makes the certification described in Section
20A-5-409
.
(3)
If no more than two candidates from a political party have filed a declaration of
candidacy for an office elected at a regular general election and one resigns to become
the party candidate for another position, the central committee of that political party may
certify the name of another candidate to the appropriate election officer.
(4)
Each replacement candidate shall file a declaration of candidacy as required by Chapter
9, Part 2
, Candidate Qualifications and Declarations of Candidacy.
(5)
(a)
The name of a candidate who is certified under Subsection
(2)(a)
after the
deadline described in Subsection
(2)(a)(ii)
may not appear on the primary election
ballot.
(b)
The name of a candidate who is certified under Subsection
(2)(b)
after the deadline
described in Subsection
(2)(b)(ii)
may not appear on the general election ballot.
(c)
The name of a candidate who is certified under Subsection
(2)(c)
after the deadline
described in Subsection
(2)(c)(ii)
may not appear on the general election ballot.
(6)
A political party may not replace a candidate who is disqualified for failure to timely
file a campaign disclosure financial report under Chapter 11, Campaign and Financial
Reporting Requirements, or Section
17-70-403
.
(7)
This section does not apply to a candidate vacancy for a nonpartisan office.
Section 2. Section
20A-1-1002
is amended to read:
20A-1-1002
. Verification of voter registration.
(1)
A clerk shall use the
following
procedures
described in this section
to determine
whether a signer of a petition is a registered voter and to determine the address where
the voter is registered to vote
:
.
(a)
(2)
Except as provided in Subsection
20A-9-403(4)(b)(i)
,
20A-9-408(9)(d)(ii)(A)
, or
20A-9-502(6)(a)
:
(a)
if a signer's name and address provided by the individual with the individual's
petition signature exactly match a name and address shown on the official register
and the signer's signature appears substantially similar to the signature on the
statewide voter registration database, the clerk shall declare the signature valid for the
district or jurisdiction in which the signer is registered to vote;
(b)
if there is no exact match of an address and a name, the clerk shall declare the
signature valid for the district or jurisdiction in which the signer is registered to vote,
if:
(i)
the address provided by the individual with the individual's petition signature
matches the address of an individual on the official register with a substantially
similar name; and
(ii)
the signer's signature appears substantially similar to the signature on the
statewide voter registration database of the individual described in Subsection
(1)(b)(i)
(2)(b)(i)
;
or
(c)
if there is no match of an address and a substantially similar name, the clerk shall
declare the signature valid for the district or jurisdiction in which the signer is
registered to vote if:
(i)
the birth date or age provided by the individual with the individual's petition
signature matches the birth date or age of an individual on the official register
with a substantially similar name; and
(ii)
the signer's signature appears substantially similar to the signature on the
statewide voter registration database of the individual described in Subsection
(1)(c)(i)
(2)(c)(i)
.
(2)
(3)
If a signature is not declared valid under Subsection
(1)(a)
(2)(a)
,
(b)
, or
(c)
, the
clerk shall declare the signature to be invalid.
Section 3. Section
20A-3a-106
is amended to read:
20A-3a-106
. Rulemaking authority relating to conducting an election.
The director of elections, within the Office of the Lieutenant Governor, may make rules,
in accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, establishing
requirements for:
(1)
a return envelope, to ensure uniformity and security of the envelopes;
(2)
complying with the signature comparison audit requirements described in Section
20A-3a-402.5
;
(3)
conducting and documenting the identity verification process described in Subsection
20A-3a-401(7)(b)
; or
(4)
establishing specific requirements and procedures for an election officer to:
(a)
perform the signature comparison audits described in Subsection
20A-9-408(9)(e)
20A-9-408(9)(h)
; or
(b)
fulfill the chain of custody requirements described in Section
20A-9-408.3
.
Section 4. Section
20A-6-301
is amended to read:
20A-6-301
. Manual ballots -- Regular general election.
(1)
Each election officer shall ensure that:
(a)
all manual ballots furnished for use at the regular general election contain:
(i)
no captions or other endorsements except as provided in this section;
(ii)
no symbols, markings, or other descriptions of a political party or group, except
for a registered political party that has chosen to nominate its candidates in
accordance with Section
20A-9-403
; and
(iii)
no indication that a candidate for elective office has been nominated by, or has
been endorsed by, or is in any way affiliated with a political party or group, unless
the candidate has been nominated by a registered political party in accordance
with Subsection
20A-9-202(4)
or Subsection
20A-9-403(5)
20A-9-403(10)
;
(b)
at the top of the ballot, the following endorsements are printed in 18 point bold type:
(i)
"Official Ballot for ____ County, Utah";
(ii)
the date of the election; and
(iii)
the words "certified by the Clerk of __________ County" or, as applicable, the
name of a combined office that includes the duties of a county clerk;
(c)
unaffiliated candidates, candidates not affiliated with a registered political party, and
all other candidates for elective office who were not nominated by a registered
political party in accordance with Subsection
20A-9-202(4)
or Subsection
20A-9-403(5)
20A-9-403(10)
, are listed with the other candidates for the same office
in accordance with Sections
20A-6-109
and
20A-6-110
, without a party name or title;
(d)
each ticket containing the lists of candidates, including the party name and device,
are separated by heavy parallel lines;
(e)
the offices to be filled are plainly printed immediately above the names of the
candidates for those offices;
(f)
the names of candidates are printed in capital letters, not less than one-eighth nor
more than one-fourth of an inch high in heavy-faced type not smaller than 10 point,
between lines or rules three-eighths of an inch apart; and
(g)
on a ticket for a race in which a voter is authorized to cast a write-in vote and in
which a write-in candidate is qualified under Section
20A-9-601
:
(i)
the ballot includes a space for a write-in candidate immediately following the last
candidate listed on that ticket; or
(ii)
for the offices of president and vice president and governor and lieutenant
governor, the ballot includes two spaces for write-in candidates immediately
following the last candidates on that ticket, one placed above the other, to enable
the entry of two valid write-in candidates.
(2)
An election officer shall ensure that:
(a)
each individual nominated by any registered political party under Subsection
20A-9-202(4)
or Subsection
20A-9-403(5)
20A-9-403(10)
, and no other individual,
is placed on the ballot:
(i)
under the registered political party's name, if any; or
(ii)
under the title of the registered political party as designated by them in their
certificates of nomination or petition, or, if none is designated, then under some
suitable title;
(b)
the names of all unaffiliated candidates that qualify as required in
Chapter 9, Part 5,
Candidates not Affiliated with a Party
, are placed on the ballot;
(c)
the names of the candidates for president and vice president are used on the ballot
instead of the names of the presidential electors; and
(d)
the ballots contain no other names.
(3)
When the ballot contains a nonpartisan section, the election officer shall ensure that:
(a)
the designation of the office to be filled in the election and the number of candidates
to be elected are printed in type not smaller than eight point;
(b)
the words designating the office are printed flush with the left-hand margin;
(c)
the words, "Vote for one" or "Vote for up to _____ (the number of candidates for
which the voter may vote)" extend to the extreme right of the column;
(d)
the nonpartisan candidates are grouped according to the office for which they are
candidates;
(e)
the names in each group are placed in accordance with Sections
20A-6-109
and
20A-6-110
, with the surnames last; and
(f)
each group is preceded by the designation of the office for which the candidates seek
election, and the words, "Vote for one" or "Vote for up to _____ (the number of
candidates for which the voter may vote)," according to the number to be elected.
(4)
Each election officer shall ensure that:
(a)
proposed amendments to the Utah Constitution are listed on the ballot in accordance
with Section
20A-6-107
;
(b)
ballot propositions submitted to the voters are listed on the ballot in accordance with
Section
20A-6-107
;
(c)
bond propositions that have qualified for the ballot are listed on the ballot under the
title assigned to each bond proposition under Section
11-14-206
; and
(d)
the judicial retention section of the ballot includes a statement at the beginning
directing voters to the Judicial Performance Evaluation Commission's website in
accordance with Subsection
20A-12-201(4)
.
Section 5. Section
20A-6-302
is amended to read:
20A-6-302
. Manual ballots -- Placement of candidates' names.
(1)
An election officer shall ensure, for manual ballots in regular general elections, that:
(a)
each candidate is listed by party, if nominated by a registered political party under
Subsection
20A-9-202(4)
or Subsection
20A-9-403(5)
20A-9-403(10)
;
(b)
candidates' surnames are listed in alphabetical order on the ballots when two or more
candidates' names are required to be listed on a ticket under the title of an office; and
(c)
the names of candidates are placed on the ballot in:
(i)
the manner described in Section
20A-6-109
; and
(ii)
the order described in Section
20A-6-110
.
(2)
(a)
When there is only one candidate for county attorney at the regular general
election in counties that have three or fewer registered voters of the county who are
licensed active members in good standing of the Utah State Bar, the county clerk
shall cause that candidate's name and party affiliation, if any, to be placed on a
separate section of the ballot with the following question: "Shall (name of candidate)
be elected to the office of county attorney? Yes ____ No ____.".
(b)
If the number of "Yes" votes exceeds the number of "No" votes, the candidate is
elected to the office of county attorney.
(c)
If the number of "No" votes exceeds the number of "Yes" votes, the candidate is not
elected and may not take office, nor may the candidate continue in the office past the
end of the term resulting from any prior election or appointment.
(d)
When the name of only one candidate for county attorney is printed on the ballot
under authority of this Subsection
(2)
, the county clerk may not count any write-in
votes received for the office of county attorney.
(e)
If no qualified individual files for the office of county attorney or if the candidate is
not elected by the voters, the county legislative body shall appoint the county
attorney as provided in Section
20A-1-509.2
.
(f)
If the candidate whose name would, except for this Subsection
(2)(f)
, be placed on
the ballot under Subsection
(2)(a)
has been elected on a ballot under Subsection
(2)(a)

to the two consecutive terms immediately preceding the term for which the candidate
is seeking election, Subsection
(2)(a)
does not apply and that candidate shall be
considered to be an unopposed candidate the same as any other unopposed candidate
for another office, unless a petition is filed with the county clerk before 5 p.m. no
later than the day before that year's primary election that:
(i)
requests the procedure set forth in Subsection
(2)(a)
to be followed; and
(ii)
contains the signatures of registered voters in the county representing in number
at least 25% of all votes cast in the county for all candidates for governor at the
last election at which a governor was elected.
(3)
(a)
When there is only one candidate for district attorney at the regular general
election in a prosecution district that has three or fewer registered voters of the
district who are licensed active members in good standing of the Utah State Bar, the
county clerk shall cause that candidate's name and party affiliation, if any, to be
placed on a separate section of the ballot with the following question: "Shall (name of
candidate) be elected to the office of district attorney? Yes ____ No ____.".
(b)
If the number of "Yes" votes exceeds the number of "No" votes, the candidate is
elected to the office of district attorney.
(c)
If the number of "No" votes exceeds the number of "Yes" votes, the candidate is not
elected and may not take office, nor may the candidate continue in the office past the
end of the term resulting from any prior election or appointment.
(d)
When the name of only one candidate for district attorney is printed on the ballot
under authority of this Subsection
(3)
, the county clerk may not count any write-in
votes received for the office of district attorney.
(e)
If no qualified individual files for the office of district attorney, or if the only
candidate is not elected by the voters under this subsection, the county legislative
body shall appoint a new district attorney for a four-year term as provided in Section
20A-1-509.2
.
(f)
If the candidate whose name would, except for this Subsection
(3)(f)
, be placed on
the ballot under Subsection
(3)(a)
has been elected on a ballot under Subsection
(3)(a)

to the two consecutive terms immediately preceding the term for which the candidate
is seeking election, Subsection
(3)(a)
does not apply and that candidate shall be
considered to be an unopposed candidate the same as any other unopposed candidate
for another office, unless a petition is filed with the county clerk before 5 p.m. no
later than the day before that year's primary election that:
(i)
requests the procedure set forth in Subsection
(3)(a)
to be followed; and
(ii)
contains the signatures of registered voters in the county representing in number
at least 25% of all votes cast in the county for all candidates for governor at the
last election at which a governor was elected.
Section 6. Section
20A-6-304
is amended to read:
20A-6-304
. Regular general election -- Mechanical ballots.
(1)
Each election officer shall ensure that:
(a)
the format and content of a mechanical ballot is arranged in approximately the same
order as manual ballots;
(b)
the titles of offices and the names of candidates are displayed in vertical columns or
in a series of separate displays;
(c)
the mechanical ballot is of sufficient length to include, after the list of candidates:
(i)
the names of candidates for judicial offices and any other nonpartisan offices; and
(ii)
any ballot propositions submitted to the voters for their approval or rejection;
(d)
the office titles are displayed above or at the side of the names of candidates so as to
indicate clearly the candidates for each office and the number to be elected;
(e)
the party designation of each candidate who has been nominated by a registered
political party under Subsection
20A-9-202(4)
or Subsection
20A-9-403(5)
20A-9-403(10)
is displayed adjacent to the candidate's name; and
(f)
if possible, all candidates for one office are grouped in one column or upon one
display screen.
(2)
Each election officer shall ensure that:
(a)
proposed amendments to the Utah Constitution are displayed in accordance with
Section
20A-6-107
;
(b)
ballot propositions submitted to the voters are displayed in accordance with Section
20A-6-107
;
(c)
bond propositions that have qualified for the ballot are displayed under the title
assigned to each bond proposition under Section
11-14-206
; and
(d)
the judicial retention section of the ballot includes a statement at the beginning
directing voters to the Judicial Performance Evaluation Commission's website in
accordance with Subsection
20A-12-201(4)
.
Section 7. Section
20A-9-403
is amended to read:
20A-9-403
. Regular primary elections.
(1)
(a)
Candidates for elective office that are to be filled at the next regular general
election shall be nominated in a regular primary election by direct vote of the people
in the manner prescribed in this section. The regular primary election is held on the
date specified in Section
20A-1-201.5
. Nothing in this section shall affect a
candidate's ability to qualify for a regular general election's ballot as an unaffiliated
candidate under Section
20A-9-501
or to participate in a regular general election as a
write-in candidate under Section
20A-9-601
.
(b)
Each registered political party that chooses to have the names of the registered
political party's candidates for elective office featured with party affiliation on the
ballot at a regular general election shall comply with the requirements of this section
and shall nominate the registered political party's candidates for elective office in the
manner described in this section.
(c)
A filing officer may not permit an official ballot at a regular general election to be
produced or used if the ballot denotes affiliation between a registered political party
or any other political group and a candidate for elective office who is not nominated
in the manner prescribed in this section or in Subsection
20A-9-202
(4).
(d)
Unless noted otherwise, the dates in this section refer to those that occur in each
even-numbered year in which a regular general election will be held.
(2)
(a)
Each registered political party, in a statement filed with the lieutenant governor,
shall:
(i)
either declare the registered political party's intent to participate in the next regular
primary election or declare that the registered political party chooses not to have
the names of the registered political party's candidates for elective office featured
on the ballot at the next regular general election; and
(ii)
if the registered political party participates in the upcoming regular primary
election, identify one or more registered political parties whose members may
vote for the registered political party's candidates and whether individuals
identified as unaffiliated with a political party may vote for the registered political
party's candidates.
(b)
(i)
A registered political party that is a continuing political party shall file the
statement described in Subsection
(2)(a)
with the lieutenant governor no later than
5 p.m. on November 30 of each odd-numbered year.
(ii)
An organization that is seeking to become a registered political party under
Section
20A-8-103
shall file the statement described in Subsection
(2)(a)
at the
time that the registered political party files the petition described in Section
20A-8-103
.
(3)
(a)
Except as provided in Subsection
(3)(e)
(6)
, an individual who submits a
declaration of candidacy under Section
20A-9-202
shall appear as a candidate for
elective office on the regular primary ballot of the registered political party listed on
the declaration of candidacy only if the individual is certified by the appropriate
filing officer as having submitted a nomination petition that was:
(i)
circulated and completed in accordance with Section
20A-9-405
; and
(ii)
signed by at least 2% of the registered political party's members who reside in the
political division of the office that the individual seeks.
(b)
(i)
A candidate for elective office shall, in accordance with Section
20A-9-408.3
,
submit signatures for a nomination petition to the
appropriate filing officer
county clerk of the nomination petition signer's residence
for verification and
certification no later than 5 p.m. on March 31.
(ii)
A candidate may supplement the candidate's submissions at any time on or before
the filing deadline.
(c)
(i)
The lieutenant governor shall determine for each elective office the total
number of signatures that must be submitted under Subsection
(3)(a)(ii)
or
20A-9-408
(8) by counting the aggregate number of individuals residing in each
elective office's political division who have designated a particular registered
political party on the individuals' voter registration forms on or before November
15 of each odd-numbered year.
(ii)
The lieutenant governor shall publish the determination for each elective office
no later than November 30 of each odd-numbered year.
(d)
The county clerk shall:
(i)
consider an active and inactive voter eligible to sign a nomination petition;
(ii)
consider an individual who signs a nomination petition a member of a registered
political party for purposes of Subsection
(3)(a)(ii)
if the individual has designated
the registered political party as the individual's party membership on the
individual's voter registration form;
(iii)
except as provided in Subsection
(4)
or Section
20A-21-201
, and in accordance
with Section
20A-9-408.3
, use the procedures described in Section
20A-1-1002
to
verify submitted nomination petition signatures in a transparent and orderly
manner, or use statistical sampling procedures to verify submitted nomination
petition signatures in accordance with rules made under Subsection
(7)
, no later
than 14 calendar days after the day on which a candidate submits the signatures to
the county clerk; and
(iv)
except as provided in Subsection
(5)
, for each qualifying candidate for elective
office who submits a nomination petition to the county clerk, issue the
certification described in Subsection
(3)(a)
no later than the deadline described in
Subsection
20A-9-202(1)(b)
.
(d)
The filing officer shall:
(i)
except as otherwise provided in Section
20A-21-201
, and in accordance with
Section
20A-9-408.3
, verify signatures on nomination petitions in a transparent
and orderly manner, no later than 14 calendar days after the day on which a
candidate submits the signatures to the filing officer;
(ii)
for all qualifying candidates for elective office who submit nomination petitions
to the filing officer, issue certifications referenced in Subsection
(3)(a)
no later
than the deadline described in Subsection
20A-9-202
(1)(b);
(iii)
consider active and inactive voters eligible to sign nomination petitions;
(iv)
consider an individual who signs a nomination petition a member of a registered
political party for purposes of Subsection
(3)(a)(ii)
if the individual has designated
that registered political party as the individual's party membership on the
individual's voter registration form; and
(v)
except as otherwise provided in Section
20A-21-201
and with the assistance of
the county clerk as applicable, use the procedures described in Section
20A-1-1002

to verify submitted nomination petition signatures, or use statistical sampling
procedures to verify submitted nomination petition signatures in accordance with
rules made under Subsection
(3)(f)
.
(4)
(a)
In reviewing a candidate signature packet, the county clerk shall count only an
individual who signed with a holographic signature:
(i)
who is a registered voter residing within the county clerk's county and the political
division that the candidate seeks to represent; and
(ii)
who did not sign any other nomination petition for that office.
(b)
If, in verifying signatures under Section
20A-1-1002
, the county clerk determines
that a registered voter who signed a nomination petition is not a resident of the
county clerk's county, the county clerk:
(i)
shall declare the signature invalid under Subsection
20A-1-1002(3)
; and
(ii)
may not certify the signature.
(5)
(a)
In an election for federal office, constitutional office, or multicounty office, the
county clerk shall, instead of taking the action described in Subsection
(3)(d)(iv)
:
(i)
count the number of valid nomination petition signatures submitted by the
candidate; and
(ii)
no later than seven calendar days before the day of the deadline described in
Subsection
20A-9-202(1)(b)
, certify the number of valid signatures to the
lieutenant governor.
(b)
The lieutenant governor shall, upon receiving the certification described in
Subsection
(5)(a)(ii)
from the county clerk of each county where the candidate
submits nomination petition signatures for verification:
(i)
add together the total number of signatures declared valid by each county clerk;
and
(ii)
if the aggregate number of valid signatures is equal to or more than the total
number of signatures required for the candidate to qualify for placement on the
regular primary ballot, issue the certification described in Subsection
(3)(a)
no
later than the deadline described in Subsection
20A-9-202(1)(b)
.
(6)
(e)
Notwithstanding any other provision in
this Subsection
(3)
Subsection
(3)
, (4),
(5), (7), or (8)
, a candidate for lieutenant governor may appear on the regular primary
ballot of a registered political party without submitting nomination petitions if the
candidate files a declaration of candidacy and complies with Subsection
20A-9-202
(3).
(f)
(7)
In accordance with Title
63G, Chapter 3
, Utah Administrative Rulemaking Act, the
director of elections, within the Office of the Lieutenant Governor, may make rules that:
(i)
(a)
provide for the use of statistical sampling procedures that:
(A)
(i)
filing officers are required to use to verify signatures under Subsection
(3)(d)
;
and
(B)
(ii)
reflect a bona fide effort to determine the validity of a candidate's entire
submission, using widely recognized statistical sampling techniques; and
(ii)
(b)
provide for the transparent, orderly, and timely submission, verification, and
certification of nomination petition signatures.
(g)
(8)
The county clerk shall:
(i)
(a)
review the declarations of candidacy filed by candidates for local boards of
education to determine if more than two candidates have filed for the same seat;
(ii)
(b)
place the names of all candidates who have filed a declaration of candidacy for a
local board of education seat on the nonpartisan section of the ballot if more than two
candidates have filed for the same seat; and
(iii)
(c)
place the local board of education candidates' names on the ballot in accordance
with Sections
20A-6-109
and
20A-6-110
.
(4)
(9)
(a)
Before the deadline described in Subsection
20A-9-409
(4)(c), the lieutenant
governor shall provide to the county clerks:
(i)
a list of the names of all candidates for federal, constitutional, multi-county, single
county, and county offices who have received certifications under Subsection
(3)
(3)(a)
, along with instructions on how those names shall appear on the primary
election ballot in accordance with Sections
20A-6-109
and
20A-6-110
; and
(ii)
a list of unopposed candidates for elective office who have been nominated by a
registered political party under Subsection
(5)(c)
(10)(c)
and instruct the county
clerks to exclude the unopposed candidates from the primary election ballot.
(b)
A candidate for lieutenant governor and a candidate for governor campaigning as
joint-ticket running mates shall appear jointly on the primary election ballot.
(c)
After the county clerk receives the certified list from the lieutenant governor under
Subsection
(4)(a)
(9)(a)
, the county clerk shall post or publish a primary election notice in
substantially the following form:
"Notice is given that a primary election will be held Tuesday, June ____,
________(year), to nominate party candidates for the parties and candidates for nonpartisan
local school board positions listed on the primary ballot. The polling place for voting precinct
____ is ____. The polls will open at 7 a.m. and continue open until 8 p.m. of the same day.
Attest: county clerk."
(5)
(10)
(a)
A candidate who, at the regular primary election, receives the highest
number of votes cast for the office sought by the candidate is:
(i)
nominated for that office by the candidate's registered political party; or
(ii)
for a nonpartisan local school board position, nominated for that office.
(b)
If two or more candidates are to be elected to the office at the regular general
election, those party candidates equal in number to positions to be filled who receive
the highest number of votes at the regular primary election are the nominees of the
candidates' party for those positions.
(c)
(i)
As used in this Subsection
(5)(c)
(10)(c)
, a candidate is "unopposed" if:
(A)
no individual other than the candidate receives a certification under
Subsection
(3)
(3)(a)
for the regular primary election ballot of the candidate's
registered political party for a particular elective office; or
(B)
for an office where more than one individual is to be elected or nominated, the
number of candidates who receive certification under Subsection
(3)
(3)(a)
for
the regular primary election of the candidate's registered political party does
not exceed the total number of candidates to be elected or nominated for that
office.
(ii)
A candidate who is unopposed for an elective office in the regular primary
election of a registered political party is nominated by the party for that office
without appearing on the primary election ballot.
(6)
(11)
The expense of providing all ballots, blanks, or other supplies to be used at any
primary election provided for by this section, and all expenses necessarily incurred in
the preparation for or the conduct of that primary election shall be paid out of the
treasury of the county or state, in the same manner as for the regular general elections.
(7)
(12)
An individual may not file a declaration of candidacy for a registered political
party of which the individual is not a member, except to the extent that the registered
political party permits otherwise under the registered political party's bylaws.
Section 8. Section
20A-9-405
is amended to read:
20A-9-405
. Nomination petitions for regular primary elections.
(1)
This section applies to the form and circulation of nomination petitions for regular
primary elections described in Subsection
20A-9-403(3)(a)
.
(2)
A candidate for elective office,
and the agents
or an agent
of the candidate, may not
circulate nomination petitions until the candidate has submitted a declaration of
candidacy in accordance with Subsection
20A-9-202(1)
.
(3)
For the manual candidate qualification process, the nomination petitions shall be in
substantially the following form:
(a)
the petition shall be printed on paper 8-1/2 inches long and 11 inches wide;
(b)
the petition shall be ruled with a horizontal line 3/4 inch from the top, with the space
above that line blank for purposes of binding;
(c)
the petition shall be headed by a caption stating the purpose of the petition
and the
name of the proposed candidate
, the name of the proposed candidate, and the county
to which the signatures will be submitted for verification
;
(d)
the petition shall feature the
word "Warning" followed by the
following
statement
statements
in no less than eight-point, single leaded type:
(i)
"
WARNING:
It is a class A misdemeanor for anyone to knowingly sign a
nomination petition with any name other than the person's own name, or more
than once for the same candidate, or if the person is not registered to vote in this
state.";
and
(ii)
"NOTICE: Only a registered voter who is a resident of [insert name of county]
County should sign this nomination petition.";
(e)
the petition shall feature 10 lines spaced one-half inch apart and consecutively
numbered one through 10;
(f)
the signature portion of the petition shall be divided into columns headed by the
following titles:
(i)
Registered Voter's Printed Name;
(ii)
Signature of Registered Voter;
(iii)
Party Affiliation of Registered Voter;
(iv)
Birth Date or Age (Optional);
(v)
Street Address, City, Zip Code;
and
(vi)
County of Residence; and
(vi)
(vii)
Date of Signature; and
(g)
a photograph of the candidate may appear on the nomination petition.
(4)
For the electronic candidate qualification process, the lieutenant governor shall design
an electronic form, using progressive screens, that includes:
(a)
the following warning:
"Warning: It is a class A misdemeanor for anyone to knowingly sign a nomination
petition with any name other than the person's own name, or more than once for the same
candidate, or if the person is not registered to vote in this state."; and
(b)
the following information for each individual who signs the petition:
(i)
name;
(ii)
party affiliation;
(iii)
date of birth or age, (optional);
(iv)
street address, city, zip code;
(v)
date of signature;
(vi)
other information required under Section
20A-21-201
; and
(vii)
other information required by the lieutenant governor.
(5)
For the manual candidate qualification process, if one or more nomination petitions are
bound together, a page shall be bound to the nomination petition(s) that features the following
printed verification statement to be signed and dated by the petition circulator:
"Verification
State of Utah, County of ____
I, ____, of ____, hereby state that:
I am at least 18 years old;
All the names that appear on the signature sheets bound to this page were, to the best of
my knowledge, signed by the persons who professed to be the persons whose names appear on
the signature sheets, and each of them signed the person's name on the signature sheets in my
presence;
I believe that each has printed and signed the person's name and written the person's
street address correctly, and that each signer is registered to vote in Utah."
(6)
The lieutenant governor shall prepare and make public model nomination petition forms
and associated instructions.
(7)
A nomination petition circulator:
(a)
must be at least 18 years old; and
(b)
may affiliate with any political party.
(8)
It is unlawful for any person to:
(a)
knowingly sign the nomination petition described in this section or Section
20A-9-408
:
(i)
with any name other than the person's own name;
(ii)
more than once for the same candidate; or
(iii)
if the person is not registered to vote in this state;
(b)
sign the verification of a signature for a nomination petition if the person:
(i)
has not witnessed the signing by those persons whose names appear on the
nomination petition; or
(ii)
knows that a person whose signature appears on the nomination petition is not
registered to vote in this state;
(c)
pay compensation to any person to sign a nomination petition; or
(d)
pay compensation to any person to circulate a nomination petition, if the
compensation is based directly on the number of signatures submitted to a
filing
officer
county clerk
rather than on the number of signatures verified or on some other
basis.
(9)
Any person violating Subsection
(8)
is guilty of a class A misdemeanor.
(10)
(a)
A voter who signs a nomination petition may have the voter's signature removed
from the petition by, no later than three business days after the day on which the
candidate files the petition with the
appropriate filing officer
county clerk
,
submitting to the
filing officer
county clerk
a statement requesting that the voter's
signature be removed.
(b)
A statement described in Subsection
(10)(a)
shall comply with the requirements
described in Subsection
20A-1-1003(2)
.
(c)
The
filing officer
county clerk
shall use the procedures described in Subsection
20A-1-1003(3)
to determine whether to remove an individual's signature from a
nomination petition after receiving a timely, valid statement requesting removal of
the signature.
Section 9. Section
20A-9-406
is amended to read:
20A-9-406
. Qualified political party -- Requirements and exemptions.
The following provisions apply to a qualified political party:
(1)
the qualified political party shall, no later than 5 p.m. on the first Monday of October of
each odd-numbered year, certify to the lieutenant governor the identity of one or more
registered political parties whose members may vote for the qualified political party's
candidates and whether unaffiliated voters may vote for the qualified political party's
candidates;
(2)
the following provisions do not apply to a nomination for the qualified political party:
(a)
Subsections
20A-9-403(1)
through
(3)(b)
and Subsections
(3)(d)(ii)
through
(4)(a)
(9)(a)
;
(b)
Subsection
20A-9-403(5)(c)
20A-9-403(10)(c)
; and
(c)
Section
20A-9-405
;
(3)
an individual may only seek the nomination of the qualified political party by using a
method described in Section
20A-9-407
, Section
20A-9-408
, or both;
(4)
the qualified political party shall comply with the provisions of Sections
20A-9-407
,
20A-9-408
, and
20A-9-409
;
(5)
notwithstanding Subsection
20A-6-301(1)(a)
,
(1)(e)
, or
(2)(a)
, each election officer shall
ensure that a ballot described in Section
20A-6-301
includes each individual nominated
by a qualified political party:
(a)
under the qualified political party's name, if any; or
(b)
under the title of the qualified registered political party as designated by the qualified
political party in the certification described in Subsection
(1)
, or, if none is
designated, then under some suitable title;
(6)
notwithstanding Subsection
20A-6-302(1)(a)
, each election officer shall ensure, for
ballots in regular general elections, that each candidate who is nominated by the
qualified political party is listed by party;
(7)
notwithstanding Subsection
20A-6-304(1)(e)
, each election officer shall ensure that the
party designation of each candidate who is nominated by the qualified political party is
displayed adjacent to the candidate's name on a mechanical ballot;
(8)
"candidates for elective office," defined in Subsection
20A-9-101(1)(a)
, also includes an
individual who files a declaration of candidacy under Section
20A-9-407
or
20A-9-408

to run in a regular general election for a federal office, constitutional office, multicounty
office, or county office;
(9)
an individual who is nominated by, or seeking the nomination of, the qualified political
party is not required to comply with Subsection
20A-9-201(1)(c)
;
(10)
notwithstanding
Subsection
20A-9-403(3)
Subsections
20A-9-403(3)
through
(8)
, the
qualified political party is entitled to have each of the qualified political party's
candidates for elective office appear on the primary ballot of the qualified political party
with an indication that each candidate is a candidate for the qualified political party;
(11)
notwithstanding Subsection
20A-9-403(4)(a)
20A-9-403(9)(a)
, the lieutenant
governor shall include on the list provided by the lieutenant governor to the county
clerks:
(a)
the names of all candidates of the qualified political party for federal, constitutional,
multicounty, and county offices; and
(b)
the names of unopposed candidates for elective office who have been nominated by
the qualified political party and instruct the county clerks to exclude such candidates
from the primary-election ballot;
(12)
notwithstanding Subsection
20A-9-403(5)(c)
20A-9-403(10)(c)
, a candidate who is
unopposed for an elective office in the regular primary election of the qualified political
party is nominated by the party for that office without appearing on the primary ballot;
and
(13)
notwithstanding the provisions of Subsections
20A-9-403(1)
and
(2)
and Section
20A-9-405
, the qualified political party is entitled to have the names of
its
the qualified
political party's
candidates for elective office featured with party affiliation on the ballot
at a regular general election.
Section 10. Section
20A-9-408
is amended to read:
20A-9-408
. Signature-gathering process to seek the nomination of a qualified
political party -- Removal of signature.
(1)
This section describes the requirements for a member of a qualified political party who
is seeking the nomination of the qualified political party for an elective office through
the signature-gathering process described in this section.
(2)
Notwithstanding Subsection
20A-9-201(7)(a)
, the form of the declaration of candidacy
for a member of a qualified political party who is nominated by, or who is seeking the
nomination of, the qualified political party under this section shall be substantially as
described in Section
20A-9-408.5
.
(3)
Notwithstanding Subsection
20A-9-202(1)(a)
, and except as provided in Subsection
20A-9-202(4)
, a member of a qualified political party who, under this section, is seeking
the nomination of the qualified political party for an elective office that is to be filled at
the next general election shall:
(a)
except to the extent otherwise provided in Subsection
(13)(a)
, during the applicable
declaration of candidacy filing period described in Section
20A-9-201.5
, and before
gathering signatures under this section, file with the filing officer on a form approved
by the lieutenant governor a notice of intent to gather signatures for candidacy that
includes:
(i)
the name of the member who will attempt to become a candidate for a
registered
qualified
political party under this section;
(ii)
the name of the
registered
qualified
political party for which the member is
seeking nomination;
(iii)
the office for which the member is seeking to become a candidate;
(iv)
the address and telephone number of the member; and
(v)
other information required by the lieutenant governor;
(b)
except as provided in Subsection
20A-9-202(1)(c)
, file a declaration of candidacy, in
person, with the filing officer during the applicable declaration of candidacy filing
period described in Section
20A-9-201.5
; and
(c)
pay the filing fee.
(4)
Notwithstanding Subsection
20A-9-202(2)(a)
, a member of a qualified political party
who, under this section, is seeking the nomination of the qualified political party for the
office of district attorney within a multicounty prosecution district that is to be filled at
the next general election shall:
(a)
during the applicable declaration of candidacy filing period described in Section
20A-9-201.5
, and before gathering signatures under this section, file with the filing
officer on a form approved by the lieutenant governor a notice of intent to gather
signatures for candidacy that includes:
(i)
the name of the member who will attempt to become a candidate for a registered
political party under this section;
(ii)
the name of the registered political party for which the member is seeking
nomination;
(iii)
the office for which the member is seeking to become a candidate;
(iv)
the address and telephone number of the member; and
(v)
other information required by the lieutenant governor;
(b)
except as provided in Subsection
20A-9-202(1)(c)
, file a declaration of candidacy, in
person, with the filing officer during the applicable declaration of candidacy filing
period described in Section
20A-9-201.5
; and
(c)
pay the filing fee.
(5)
Notwithstanding Subsection
20A-9-202(3)(a)(iii)
, a lieutenant governor candidate who
files as the joint-ticket running mate of an individual who is nominated by a qualified
political party, under this section, for the office of governor shall, during the applicable
declaration of candidacy filing period described in Section
20A-9-201.5
, file a
declaration of candidacy and submit a letter from the candidate for governor that names
the lieutenant governor candidate as a joint-ticket running mate.
(6)
The lieutenant governor shall ensure that the certification described in Subsection
20A-9-701(1)
also includes the name of each candidate nominated by a qualified
political party under this section.
(7)
Notwithstanding Subsection
20A-9-701(2)
, the ballot shall, for each candidate who is
nominated by a qualified political party under this section, designate the qualified
political party that nominated the candidate.
(8)
A member of a qualified political party may seek the nomination of the qualified
political party for an elective office by:
(a)
complying with the requirements described in this section; and
(b)
collecting signatures, on a form approved by the lieutenant governor that complies
with Subsection
20A-9-405(3)
, during the period beginning on the day on which the
member files a notice of intent to gather signatures and ending at the applicable
deadline described in Subsection
(12)
, in the following amounts:
(i)
for a statewide race, 28,000 signatures of registered voters in the state who are
permitted by the qualified political party to vote for the qualified political party's
candidates in a primary election;
(ii)
except as provided in Subsection
(13)(b)
, for a congressional district race, 7,000
signatures of registered voters who are residents of the congressional district and
are permitted by the qualified political party to vote for the qualified political
party's candidates in a primary election;
(iii)
for a state Senate district race, 2,000 signatures of registered voters who are
residents of the state Senate district and are permitted by the qualified political
party to vote for the qualified political party's candidates in a primary election;
(iv)
for a state House district race, 1,000 signatures of registered voters who are
residents of the state House district and are permitted by the qualified political
party to vote for the qualified political party's candidates in a primary election;
(v)
for a State Board of Education race, the lesser of:
(A)
2,000 signatures of registered voters who are residents of the State Board of
Education district and are permitted by the qualified political party to vote for
the qualified political party's candidates in a primary election; or
(B)
3% of the registered voters of the qualified political party who are residents of
the applicable State Board of Education district; and
(vi)
for a county office race, signatures of 3% of the registered voters who are
residents of the area permitted to vote for the county office and are permitted by
the qualified political party to vote for the qualified political party's candidates in
a primary election.
(9)
(a)
This Subsection
(9)
applies only to the manual candidate qualification process.
(b)
In order for a member of the qualified political party to qualify as a candidate for the
qualified political party's nomination for an elective office under this section, using
the manual candidate qualification process, the member shall:
(i)
collect the signatures on a form approved by the lieutenant governor, using the
same circulation and verification requirements described in Sections
20A-7-105

and
20A-7-204
; and
(ii)
in accordance with Section
20A-9-408.3
, submit the signatures to the
election
officer
county clerk of the petition signers' residence
before the applicable
deadline described in Subsection
(12)
.
(c)
Upon timely receipt of the signatures described in Subsections
(8)
and
(9)(b)
, and in
accordance with Section
20A-9-408.3
, the
election officer
county clerk
shall, no
later than the earlier of 14 calendar days after the day on which the
election officer
county clerk
receives the signatures, or
one day
seven calendar days
before the day
on which the qualified political party holds the convention to select a nominee for the
elective office to which the signature packets relate:
(i)
check the name of each individual who completes the verification for a signature
packet to determine whether each individual is at least 18 years old;
(ii)
submit the name of each individual described in Subsection
(9)(c)(i)
who is not at
least 18 years old to the attorney general and the county attorney;
(iii)
with the assistance of the county clerk as applicable
except as provided in
Subsection
(9)(d)
, determine whether each signer is a registered voter who is
qualified to sign the petition, using the same method, described in Section
20A-1-1002
, used to verify a signature on a petition; and
(iv)
except as provided in Subsection
(9)(e)
,
certify whether each name is that of a
registered voter who is qualified to sign the signature packet.
(d)
(i)
In reviewing a candidate signature packet, the county clerk shall count only an
individual who signed with a holographic signature:
(A)
who is a registered voter residing within the county clerk's county and the
political division that the candidate seeks to represent; and
(B)
who did not sign any other petition for that office.
(ii)
If, in verifying signatures under Section
20A-1-1002
, a county clerk determines
that a registered voter who signed a petition is not a resident of the county clerk's
county, the county clerk:
(A)
shall declare the signature invalid under Subsection
20A-1-1002(3)
; and
(B)
may not certify the signature.
(e)
In an election for federal office, constitutional office, or multicounty office, the
county clerk shall, instead of taking the action described in Subsection
(9)(c)(iv)
:
(i)
count the number of valid petition signatures submitted by the candidate; and
(ii)
no later than seven calendar days before the day of the convention described in
Subsection
(11)(c)
, certify the number of valid signatures to the lieutenant
governor.
(f)
The lieutenant governor shall, upon receiving the certification described in
Subsection
(9)(e)(ii)
from the county clerk of each county where the candidate
submits petition signatures for verification:
(i)
add together the total number of signatures declared valid by each county clerk;
and
(ii)
if the aggregate number of valid signatures is equal to or more than the total
number of signatures required for the candidate to qualify for placement on the
regular primary ballot, certify the signatures no later than the day before the day
of the convention described in Subsection
(11)(c)
.
(d)
(g)
(i)
A registered voter who physically signs a form under Subsections
(8)
and
(9)(b)
may have the voter's signature removed from the form by, no later than 5
p.m. three business days after the day on which the member submits the signature
form to the
election officer
county clerk
, submitting to the
election officer
county clerk
a statement requesting that the voter's signature be removed.
(ii)
A statement described in Subsection
(9)(d)(i)
(9)(g)(i)
shall comply with the
requirements described in Subsection
20A-1-1003(2)
.
(iii)
With the assistance of the county clerk as applicable, the election officer
The
county clerk
shall use the procedures described in Subsection
20A-1-1003(3)
to
determine whether to remove an individual's signature after receiving a timely,
valid statement requesting removal of the signature.
(e)
(h)
(i)
An election officer
A county clerk
shall, in accordance with this
Subsection
(9)(e)
(9)(h)
and rules made under Section
20A-3a-106
, conduct
regular audits of signature comparisons made between signatures gathered under
this section and voter signatures maintained by the
election officer
county clerk
.
(ii)
An individual who conducts an audit of signature comparisons under this section
may not audit the individual's own work.
(iii)
The
election officer
county clerk
shall:
(A)
audit 1% of all signature comparisons described in Subsection
(9)(e)(i)
(9)(h)(i)
to determine the accuracy of the comparisons made;
(B)
record the individuals who conducted the audit;
(C)
record the audit results;
(D)
provide additional training or staff reassignments, as needed, based on the
results of an audit described in Subsection
(9)(e)(i)
(9)(h)(i)
; and
(E)
record any remedial action taken.
(iv)
The audit results described in Subsection
(9)(e)(iii)(C)
(9)(h)(iii)(C)
are a public
record.
(f)
(i)
An election officer who certifies signatures under Subsection
(9)(c)
or
20A-9-403(3)(d)
A county clerk who verifies signatures under Subsection
(9)(c)
,
Subsection
20A-9-403(3)(d)
, or Subsection
20A-9-502(5)(b)

shall, after
certifying
enough signatures
declaring valid enough signatures
to establish that a candidate has
reached the applicable signature threshold described in
Subsection
(8)
or
20A-9-403(3)(a)
Subsection
(8)
, Subsection
20A-9-403(3)(a)
, or Subsection
20A-9-502(5)(a)
, as applicable, continue to
certify
verify
signatures submitted for
the candidate in excess of the number of signatures required, until the
election officer
county clerk
either:
(i)
in a race for federal office, constitutional office, or multicounty office, declares
valid signatures equal to 110% of the applicable signature threshold;
(ii)
in a race other than a race described in Subsection
(9)(i)(i)
,
certifies signatures
equal to 110% of the applicable signature threshold; or
(ii)
(iii)
has reviewed all signatures submitted for the candidate before reaching an
amount equal to 110% of the applicable signature threshold.
(10)
(a)
This Subsection
(10)
applies only to the electronic candidate qualification
process.
(b)
In order for a member of the qualified political party to qualify as a candidate for the
qualified political party's nomination for an elective office under this section, the
member shall, before the deadline described in Subsection
(12)
, collect signatures
electronically:
(i)
in accordance with Section
20A-21-201
; and
(ii)
using progressive screens, in a format approved by the lieutenant governor, that
complies with Subsection
20A-9-405(4)
.
(c)
Upon timely receipt of the signatures described in Subsections
(8)
and
(9)(b)
(10)(b)
,
the election officer shall, no later than the earlier of 14 calendar days after the day on
which the election officer receives the signatures, or
one day
seven calendar days

before the day on which the qualified political party holds the convention to select a
nominee for the elective office to which the signature packets relate:
(i)
check the name of each individual who completes the verification for a signature
to determine whether each individual is at least 18 years old; and
(ii)
submit the name of each individual described in Subsection
(10)(c)(i)
who is not
at least 18 years old to the attorney general and the county attorney.
(11)
(a)
An individual may not gather signatures under this section until after the
individual files a notice of intent to gather signatures for candidacy described in this
section.
(b)
An individual who files a notice of intent to gather signatures for candidacy,
described in Subsection
(3)(a)
or
(4)(a)
, is, beginning on the day on which the
individual files the notice of intent to gather signatures for candidacy:
(i)
required to comply with the reporting requirements that a candidate for office is
required to comply with; and
(ii)
subject to the same enforcement provisions, and civil and criminal penalties, that
apply to a candidate for office in relation to the reporting requirements described
in Subsection
(11)(b)(i)
.
(c)
Upon timely receipt of the signatures described in Subsections
(8)
and
(9)(b)
, or
Subsections
(8)
and
(10)(b)
, the election officer shall, no later than the day before the
day on which the qualified political party holds the convention to select a nominee
for the elective office to which the signature packets relate, notify the qualified
political party and the lieutenant governor of the name of each member of the
qualified political party who qualifies as a nominee of the qualified political party,
under this section, for the elective office to which the convention relates.
(d)
Upon receipt of a notice of intent to gather signatures for candidacy described in this
section, the lieutenant governor shall post the notice of intent to gather signatures for
candidacy on the lieutenant governor's website in the same location that the
lieutenant governor posts a declaration of candidacy.
(12)
The deadline before which a member of a qualified political party must collect and
submit signatures to the election officer under this section is 5 p.m. on the last business
day that is at least
14
21
calendar days before the day on which the qualified political
party's convention for the office begins.
(13)
For the 2026 election year only, an individual who desires to gather signatures to seek
the nomination of a qualified political party for the office of United States representative
shall:
(a)
in accordance with Subsection
(3)(a)
, file a notice of intent to gather signatures
during the period beginning at 8 a.m. on the first business day of January and ending
at 5 p.m. on March 13, 2026; and
(b)
during the period beginning on the day on which the individual files the notice of
intent to gather signatures and ending at 5 p.m. on March 13, 2026, on a form
approved by the lieutenant governor that complies with Subsection
20A-9-405(3)
,
collect 7,000 signatures of registered voters who are residents of the state and are
permitted by the qualified political party to vote for the qualified political party's
candidates in a primary election.
Section 11. Section
20A-9-502
is amended to read:
20A-9-502
. Certificate of nomination -- Contents -- Circulation -- Verification --
Criminal penalty -- Removal of petition signature.
(1)
The candidate shall:
(a)
prepare a certificate of nomination in substantially the following form:
"State of Utah, County of ______________________________________________
I, ______________, declare my intention of becoming an unaffiliated candidate for the
political group designated as ____ for the office of ____. I do solemnly swear that I can
qualify to hold that office both legally and constitutionally if selected, and that I reside at ____
Street, in the city of ____, county of ____, state of ______, zip code ____, phone ____, and
that I am providing, or have provided, the required number of holographic signatures of
registered voters required by law; that as a candidate at the next election I will not knowingly
violate any election or campaign law; that, if filing via a designated agent for an office other
than president of the United States, I will be out of the state of Utah during the entire candidate
filing period; I will file all campaign financial disclosure reports as required by law; and I
understand that failure to do so will result in my disqualification as a candidate for this office
and removal of my name from the ballot.
__________________________________________
Subscribed and sworn to before me this ______(month\day\year).
__________________________________________
Notary Public (or other officer
qualified to administer oaths)";
(b)
for each signature packet, bind signature sheets to a copy of the certificate of
nomination and the circulator verification, that:
(i)
are printed on sheets of paper 8-1/2 inches long and 11 inches wide;
(ii)
are ruled with a horizontal line 3/4 inch from the top, with the space above that
line blank for the purpose of binding;
(iii)
contain the name of the proposed candidate and the words "Unaffiliated
Candidate Certificate of Nomination Petition" printed directly below the
horizontal line;
(iv)
contain the word "Warning" printed directly under the words described in
Subsection
(1)(b)(iii)
;
(v)
contain, to the right of the word "Warning," the following statement printed in not less than
eight-point, single leaded type:
"It is a class A misdemeanor for anyone to knowingly sign a certificate of nomination
signature sheet with any name other than the person's own name or more than once for the
same candidate or if the person is not registered to vote in this state and does not intend to
become registered to vote in this state before the county clerk certifies the signatures.";
(vi)
contain the word "Notice" printed directly beneath the words described in
Subsection
(1)(b)(v)
;
(vii)
contain, to the right of the word "Notice," the following statement printed in not
less than eight-point, single leaded type:
"Only a registered voter who is a resident of [insert name of county] County
should sign this nomination petition.";
(vi)
(viii)
contain the following statement directly under the statement described in
Subsection
(1)(b)(v)
(1)(b)(vii)
:
"Each signer says:
I have personally signed this petition with a holographic signature;
I am registered to vote in Utah or intend to become registered to vote in Utah before the
county clerk certifies my signature; and
My street address is written correctly after my name.";
(vii)
(ix)
contain horizontally ruled lines, 3/8 inch apart under the statement
described in Subsection
(1)(b)(vi)
(1)(b)(viii)
; and
(viii)
(x)
be vertically divided into columns as follows:
(A)
the first column shall appear at the extreme left of the sheet, be 5/8 inch wide,
be headed with "For Office Use Only," and be subdivided with a light vertical
line down the middle;
(B)
the next column shall be
2-1/2
2
inches wide, headed "Registered Voter's
Printed Name (must be legible to be counted)";
(C)
the next column shall be
2-1/2
2
inches wide, headed "Holographic Signature
of Registered Voter";
(D)
the next column shall be one inch wide, headed "Birth Date or Age
(Optional)";
(E)
the
final
next
column shall be 4-3/8 inches wide, headed "Street Address,
City, Zip Code";
and
(F)
the final column shall be one inch wide, headed "County of Residence"; and
(F)
(G)
at the bottom of the sheet, contain the following statement: "Birth date or
age information is not required, but it may be used to verify your identity with
voter registration records. If you choose not to provide it, your signature may
not be certified as a valid signature if you change your address before petition
signatures are certified or if the information you provide does not match your
voter registration records."; and
(c)
bind a final page to one or more signature sheets that are bound together that contains,
except as provided by Subsection
(3)
, the following printed statement:
"Verification
State of Utah, County of ____
I, _______________, of ____, hereby state that:
I am at least 18 years old;
All the names that appear on the signature sheets bound to this page were signed by
persons who professed to be the persons whose names appear on the signature sheets, and each
of them signed the person's name on the signature sheets in my presence;
I believe that each has printed and signed the person's name and written the person's
street address correctly, and that each signer is registered to vote in Utah or will register to
vote in Utah before the county clerk certifies the signatures on the signature sheet.
______________________________________________________________________
(Signature)
(Residence Address)
(Date)
.
"
.
(2)
An agent designated to file a certificate of nomination under Subsection
20A-9-503
(2)(b) or (4)(b) may not sign the form described in Subsection
(1)(a)
.
(3)
(a)
The candidate shall circulate the nomination petition and ensure that the person in
whose presence each signature sheet is signed:
(i)
is at least 18 years old; and
(ii)
verifies each signature sheet by completing the verification bound to one or more
signature sheets that are bound together.
(b)
A person may not sign the circulator verification if the person signed a signature
sheet bound to the verification.
(4)
(a)
It is unlawful for any person to:
(i)
knowingly sign a certificate of nomination signature sheet:
(A)
with any name other than the person's own name;
(B)
more than once for the same candidate; or
(C)
if the person is not registered to vote in this state and does not intend to
become registered to vote in this state before the county clerk certifies the
signatures; or
(ii)
sign the verification of a certificate of nomination signature sheet if the person:
(A)
has not witnessed the signing by those persons whose names appear on the
certificate of nomination signature sheet; or
(B)
knows that a person whose signature appears on the certificate of nomination
signature sheet is not registered to vote in this state and does not intend to
become registered to vote in this state.
(b)
Any person violating this Subsection
(4)
is guilty of a class A misdemeanor.
(5)
(a)
To qualify for placement on the general election ballot, the candidate shall, no
earlier than the start of the applicable declaration of candidacy period described in
Section
20A-9-201.5
and no later than 5 p.m. on June 15 of the year in which the
election will be held:
(i)
comply with Subsection
20A-9-503
(1);
and
(ii)
submit each signature packet to the county clerk where the majority of the
signatures in the packet were collected, with signatures totaling
collect signatures
in an amount totaling
:
(A)
at least 1,000 registered voters residing within the state when the nomination
is for an office to be filled by the voters of the entire state; or
(B)
at least 300 registered voters residing within a political division or at least 5%
of the registered voters residing within a political division, whichever is less,
when the nomination is for an office to be filled by the voters of any political
division smaller than the state
.
; and
(iii)
submit the signatures to the county clerk of the registered voter's residence.
(b)
A candidate has not complied with Subsection
(5)(a)(ii)
, unless the county clerks
verify that each required signature is a valid signature of a registered voter who is
eligible to sign the signature packet and has not signed a signature packet to nominate
another candidate for the same office.
(c)
Except as provided in Subsection
(6)
, the county clerk shall use the procedures
described in Section
20A-1-1002
to determine whether a signer is a registered voter
who is qualified to sign the signature packet.
(c)
(d)
In reviewing
the signature packets, the county clerk shall count and certify only
those persons
a signature packet, the county clerk shall count only an individual
who
signed with a holographic signature
, who
:
(i)
are registered voters within the political division that the candidate seeks to
represent
who is a registered voter residing within the county clerk's county and
the political division that the candidate seeks to represent
; and
(ii)
who
did not sign any other certificate of nomination for that office.
(d)
(e)
The
Except as provided in Subsection
(7)
, the
county clerk shall
count and
certify the number of registered voters who validly signed a signature packet
,
no
later than 30 calendar days after the day on which the candidate submits the signature
packet.
(e)
(f)
The candidate may supplement the signatures or amend the certificate of
nomination or declaration of candidacy at any time on or before 5 p.m. on June 15 of
the year in which the election will be held.
(f)
The county clerk shall use the procedures described in Section
20A-1-1002
to
determine whether a signer is a registered voter who is qualified to sign the signature
packet.
(6)
If, in verifying signatures under Section
20A-1-1002
, the county clerk determines that a
registered voter who signed a signature packet is not a resident of the county clerk's
county, the county clerk:
(a)
shall declare the signature invalid under Subsection
20A-1-1002(3)
; and
(b)
may not certify the signature.
(7)
(a)
In an election for federal office, constitutional office, or multicounty office, the
county clerk shall, instead of taking the action described in Subsection
(5)(e)
:
(i)
count the number of valid nomination petition signatures submitted by the
candidate; and
(ii)
no later than the day of the deadline described in Subsection
(5)(f)
, certify the
number of valid signatures to the lieutenant governor.
(b)
The lieutenant governor shall, upon receiving the certification described in
Subsection
(7)(a)(ii)
from the county clerk of each county where the candidate
submits signatures for verification:
(i)
add together the total number of signatures declared valid by each county clerk;
and
(ii)
if the aggregate number of valid signatures is equal to or more than the total
number of signatures required for the candidate to qualify for placement on the
general election ballot, certify the signatures no later than August 1 of the year on
which the election will be held.
(6)
(8)
(a)
A voter who signs a signature packet under this section may have the voter's
signature removed from the signature packet by, no later than 5 p.m. three business
days after the day on which the candidate submits the signature packet to the county
clerk, submitting to the county clerk a statement requesting that the voter's signature
be removed.
(b)
A statement described in Subsection
(6)(a)
(8)(a)
shall comply with the
requirements described in Subsection
20A-1-1003
(2).
(c)
The county clerk shall use the procedures described in Subsection
20A-1-1003
(3) to
determine whether to remove an individual's signature from a signature packet after
receiving a timely, valid statement requesting removal of the signature.
Section 12. Section
20A-9-701
is amended to read:
20A-9-701
. Certification of party candidates to county clerks -- Display on ballot.
(1)
No later than August 31 of each regular general election year, the lieutenant governor
shall certify to each county clerk, for offices to be voted upon at the regular general
election in that county clerk's county:
(a)
the names of each candidate nominated under Subsection
20A-9-202(4)
or
Subsection
20A-9-403(5)
20A-9-403(10)
; and
(b)
the names of the candidates for president and vice president that are certified by the
registered political party as the party's nominees.
(2)
The names shall be certified by the lieutenant governor and shall be displayed on the
ballot as they are provided on the candidate's declaration of candidacy. No other names
may appear on the ballot as affiliated with, endorsed by, or nominated by any other
registered political party, political party, or other political group.
Section 13.
Effective Date.
This bill takes effect on
January 1, 2027
.
1-17-26 9:43 PM