Presidential Electors Amendments

20
20A-4-306
20A-8-106
20A-9-202
20A-9-504
20A-13-301
20A-13-302
20A-13-303
0
Presidential Electors Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Andrew Stoddard
Senate Sponsor:
LONG TITLE
General Description:
This bill modifies provisions governing the distribution of electoral votes.
Highlighted Provisions:
This bill:
in an election for president and vice president of the United States:
allocates one electoral vote for the presidential and vice presidential candidates who
receive the highest number of votes in a Congressional district;
allocates two electoral votes for the presidential and vice presidential candidates who
receive the highest number of statewide votes; and
requires a registered political party, or an unaffiliated candidate or a write-in candidate
for president of the United States, to notify the lieutenant governor if a vacancy
occurs in the office of a presidential elector;
standardizes the deadlines to file a declaration of candidacy for the office of vice
president of the United States and to choose presidential electors; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
20A-4-306
, as last amended by Laws of Utah 2025, Chapter 448
20A-8-106
, as last amended by Laws of Utah 2019, Chapter 255
20A-9-202
, as last amended by Laws of Utah 2025, Chapter 448
20A-9-504
, as last amended by Laws of Utah 2024, Chapter 17
20A-13-301
, as last amended by Laws of Utah 2025, Chapter 448
20A-13-302
, as last amended by Laws of Utah 2020, Chapter 22
20A-13-303
, as last amended by Laws of Utah 2020, Chapter 22
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
20A-4-306
is amended to read:
20A-4-306
. Statewide canvass.
(1)
(a)
The state board of canvassers shall convene:
(i)
on the fourth Monday of November, at noon; or
(ii)
at noon on the day following the day on which the lieutenant governor receives
the last of the returns of a statewide special election.
(b)
The state auditor, the state treasurer, and the attorney general are the state board of
canvassers.
(c)
Attendance of all members of the state board of canvassers is required to constitute a
quorum for conducting the canvass.
(2)
(a)
The state board of canvassers shall:
(i)
meet in the lieutenant governor's office; and
(ii)
compute and determine the vote for officers and for and against any ballot
propositions voted upon by the voters of the entire state or of two or more
counties.
(b)
The lieutenant governor, as secretary of the board shall file a report in the lieutenant
governor's office that details:
(i)
for each statewide officer and ballot proposition:
(A)
the name of the statewide office or ballot proposition that appeared on the
ballot;
(B)
the candidates for each statewide office whose names appeared on the ballot,
plus any recorded write-in candidates;
(C)
the number of votes from each county cast for each candidate and for and
against each ballot proposition;
(D)
the total number of votes cast statewide for each candidate and for and against
each ballot proposition; and
(E)
the total number of votes cast statewide; and
(ii)
for each officer or ballot proposition voted on in two or more counties:
(A)
the name of each of those offices and ballot propositions that appeared on the
ballot;
(B)
the candidates for those offices, plus any recorded write-in candidates;
(C)
the number of votes from each county cast for each candidate and for and
against each ballot proposition; and
(D)
the total number of votes cast for each candidate and for and against each
ballot proposition.
(c)
Except as provided in Subsection
(2)(d)
, the lieutenant governor shall:
(i)
prepare certificates of election for:
(A)
each successful candidate; and
(B)
each of the presidential electors of the candidate for president who received a
majority of the votes
in a presidential election, each presidential elector who is
elected under Subsection
20A-13-301(4)
;
(ii)
authenticate each certificate with the lieutenant governor's seal; and
(iii)
deliver a certificate of election to:
(A)
each candidate who had the highest number of votes for each office; and
(B)
each of the presidential electors of the candidate for president who received a
majority of the votes
in a presidential election, each presidential elector who is
elected under Subsection
20A-13-301(4)
.
(d)
The lieutenant governor shall, in the report described in Subsection
(2)(b)
, declare a
tie vote if:
(i)
two or more officers receive an equal and the highest number of votes for an
office; or
(ii)
in a race for an at-large office:
(A)
two or more candidates receive an equal number of votes; and
(B)
a recount is necessary to determine which candidates are elected to the at-large
office.
(3)
If the lieutenant governor has not received election returns from all counties on the fifth
calendar day before the day designated for the meeting of the state board of canvassers,
the lieutenant governor shall:
(a)
send a messenger to the clerk of the board of county canvassers of the delinquent
county;
(b)
instruct the messenger to demand a certified copy of the board of canvasser's report
required by Section
20A-4-304
from the clerk; and
(c)
pay the messenger the per diem provided by law as compensation.
(4)
The state board of canvassers may not withhold the declaration of the result or any
certificate of election because of any defect or informality in the returns of any election
if the board can determine from the returns, with reasonable certainty, what office is
intended and who is elected to it.
(5)
(a)
At noon on the fourth Monday after the regular primary election, the lieutenant
governor shall:
(i)
canvass the returns for all multicounty candidates required to file with the office
of the lieutenant governor; and
(ii)
publish and file the results of the canvass in the lieutenant governor's office.
(b)
Not later than the August 1 after the primary election, the lieutenant governor shall
certify the results of the primary canvass to the county clerks.
(6)
(a)
At noon on the fourth Tuesday in March of a year in which a presidential election
will be held, the lieutenant governor shall:
(i)
canvass the returns of the presidential primary election; and
(ii)
publish and file the results of the canvass in the lieutenant governor's office.
(b)
The lieutenant governor shall certify the results of the presidential primary election
canvass to each registered political party that participated in the primary not later
than the April 15 after the primary election.
Section 2. Section
20A-8-106
is amended to read:
20A-8-106
. Organization as a political party -- Certification procedures.
(1)
Before 5 p.m. no later than March 1 of the regular general election year, the prospective
political
party's
party's
officers or governing board shall file the names of the

party
officers or governing board with the lieutenant governor.
(2)
After reviewing the information and determining that all proper procedures have been
completed, the lieutenant governor shall:
(a)
issue a certificate naming the organization as a registered political party in Utah and
designating
its
the registered political party's
official name; and
(b)
inform each county clerk that the organization is a registered political party in Utah.
(3)
All election officers and state officials
Each election officer and state official
shall
consider the organization to be and shall treat the organization as a registered political
party.
(4)
The newly registered political party shall comply with all the provisions of Utah law
governing
registered
political parties.
(5)
(a)
If the newly registered political party does not hold a national party convention,
the governing board of the political party may designate the names of the party's
candidates for the offices of President and Vice President of the United States and the
names of the party's presidential electors to the lieutenant governor before 5 p.m. no
later than August 15.
(b)
If the party chooses to designate names, the governing board shall certify those
names.
(5)
(a)
If the newly registered political party does not hold a national party convention,
the governing board of the registered political party may designate the names of the
registered political party's candidates for the offices of president and vice president of
the United States.
(b)
If the governing board makes the designation described in Subsection
(5)(a)
, the
governing board shall:
(i)
certify to the lieutenant governor the names of the registered political party's
candidates for president and vice president of the United States before 5 p.m. no
later than August 31 of the year in which the presidential election will be held; and
(ii)
choose individuals to act as the registered political party's presidential electors in
accordance with Section
20A-13-301
.
Section 3. Section
20A-9-202
is amended to read:
20A-9-202
. Declarations of candidacy for regular general elections.
(1)
(a)
An individual seeking to become a candidate for an elective office that is to be
filled at the next regular general election shall:
(i)
except as provided in Subsection
(1)(c)
, file a declaration of candidacy in person
with the filing officer on or after January 1 of the regular general election year,
and, if applicable, before the individual circulates nomination petitions under
Section
20A-9-405
; and
(ii)
pay the filing fee.
(b)
Unless expressly provided otherwise in this title, for a registered political party that
is not a qualified political party, the deadline for filing a declaration of candidacy for
an elective office that is to be filled at the next regular general election is 5 p.m. on
the first Monday after the fourth Saturday in April.
(c)
Subject to Subsection
20A-9-201(7)(b)
, an individual may designate an agent to file
a declaration of candidacy with the filing officer if:
(i)
the individual is located outside of the state during the entire filing period;
(ii)
the designated agent appears in person before the filing officer;
(iii)
the individual communicates with the filing officer using an electronic device
that allows the individual and filing officer to see and hear each other; and
(iv)
the individual provides the filing officer with an email address to which the filing
officer may send the individual the copies described in Subsection
20A-9-201(5)
.
(d)
Each county clerk who receives a declaration of candidacy from a candidate for
multicounty office shall transmit the filing fee and a copy of the candidate's
declaration of candidacy to the lieutenant governor within one business day after the
candidate files the declaration of candidacy.
(e)
Each business day during the filing period, each county clerk shall notify the
lieutenant governor electronically or by telephone of candidates who have filed a
declaration of candidacy with the county clerk.
(f)
Each individual seeking the office of lieutenant governor, the office of district
attorney, or the office of president or vice president of the United States shall comply
with the specific declaration of candidacy requirements established by this section.
(2)
(a)
Each individual intending to become a candidate for the office of district attorney
within a multicounty prosecution district that is to be filled at the next regular general
election shall:
(i)
file a declaration of candidacy with the clerk designated in the interlocal
agreement creating the prosecution district on or after January 1 of the regular
general election year, and before the individual circulates nomination petitions
under Section
20A-9-405
; and
(ii)
pay the filing fee.
(b)
The designated clerk shall provide to the county clerk of each county in the
prosecution district a certified copy of each declaration of candidacy filed for the
office of district attorney.
(3)
(a)
Before the deadline described in Subsection
(1)(b)
, each lieutenant governor
candidate shall:
(i)
file a declaration of candidacy with the lieutenant governor;
(ii)
pay the filing fee; and
(iii)
submit a letter from a candidate for governor who has received certification for
the primary-election ballot under Section
20A-9-403
that names the lieutenant
governor candidate as a joint-ticket running mate.
(b)
(i)
A candidate for lieutenant governor who fails to timely file is disqualified.
(ii)
If a candidate for lieutenant governor is disqualified, another candidate may file
to replace the disqualified candidate.
(4)
Before 5 p.m. no later than August 31, each registered political party shall:
(a)
certify the names of the political party's candidates for president and vice president of
the United States to the lieutenant governor; or
(b)
provide written authorization for the lieutenant governor to accept the certification of
candidates for president and vice president of the United States from the national
office of the registered political party.
(5)
(a)
A declaration of candidacy filed under this section is valid unless a written
objection is filed with the clerk or lieutenant governor no later than 5 p.m. on the last
business day that is at least 10 calendar days before the deadline described in
Subsection
20A-9-409(4)(c)
.
(b)
If an objection is made, the clerk or lieutenant governor shall:
(i)
mail or personally deliver notice of the objection to the affected candidate
immediately; and
(ii)
decide any objection within 48 hours after it is filed.
(c)
If the clerk or lieutenant governor sustains the objection, the candidate may cure the
problem by:
(i)
amending the declaration or petition no later than 5 p.m. on the first business day
that is at least three calendar days after the day on which the objection is
sustained; or
(ii)
filing a new declaration no later than 5 p.m. on the first business day that is at
least three calendar days after the day on which the objection is sustained.
(d)
(i)
The clerk's or lieutenant governor's decision upon objections to form is final.
(ii)
The clerk's or lieutenant governor's decision upon substantive matters is
reviewable by a district court if prompt application is made to the court.
(iii)
The decision of the district court is final unless the Supreme Court, in the
exercise of its discretion, agrees to review the lower court decision.
(6)
Any person who filed a declaration of candidacy may withdraw as a candidate by filing
a written affidavit with the clerk.
(7)
(a)
Except for a candidate who is certified by a registered political party under
Subsection
(4)
,
and except as provided in Section
20A-9-504
, before 5 p.m. no later
than August 31 of a general election year,
each individual running as a candidate for
vice president of the United States shall
, before 5 p.m. no later than August 31of a
general election year
:
(i)
file a declaration of candidacy, in person or via a designated agent, on a form
developed by the lieutenant governor, that:
(A)
contains the individual's name, address, and telephone number;
(B)
states that the individual meets the qualifications for the office of vice
president of the United States;
(C)
names the presidential candidate, who has qualified for the general election
ballot, with which the individual is running as a joint-ticket running mate;
(D)
states that the individual agrees to be the running mate of the presidential
candidate described in Subsection
(7)(a)(i)(C)
; and
(E)
contains any other necessary information identified by the lieutenant governor;
(ii)
pay the filing fee; and
(iii)
submit a letter from the presidential candidate described in Subsection
(7)(a)(i)(C)
that names the individual as a joint-ticket running mate as a vice
presidential candidate.
(b)
A designated agent described in Subsection
(7)(a)(i)
may not sign the declaration of
candidacy.
(c)
A vice presidential candidate who fails to meet the requirements described in this
Subsection
(7)
may not appear on the general election ballot.
(8)
An individual filing a declaration of candidacy for president or vice president of the
United States shall pay a filing fee of $500.
Section 4. Section
20A-9-504
is amended to read:
20A-9-504
. Unaffiliated candidates -- Governor and president of the United
States.
(1)
(a)
Each unaffiliated candidate for governor shall, before 5 p.m. no later than June 15
of the regular general election year, select a running mate to file as an unaffiliated
candidate for the office of lieutenant governor.
(b)
The unaffiliated lieutenant governor candidate shall, before 5 p.m. no later than June
15 of the regular general election year, file as an unaffiliated candidate by following
the procedures and requirements of this part.
(2)
(a)
Each unaffiliated candidate for president of the United States shall, before 5 p.m.
no later than August
15
31
of a regular general election year, select a running mate
to file as an unaffiliated candidate for the office of vice president of the United States.
(b)
Before 5 p.m. no later than August
15
31
of a regular general election year, the
unaffiliated candidate for vice president of the United States described in Subsection
(2)(a)
shall comply with the requirements of Subsection
20A-9-202(7)
.
Section 5. Section
20A-13-301
is amended to read:
20A-13-301
. Presidential elections -- Allocation of electoral votes.
(1)
(a)
Each registered political party shall choose individuals to act as presidential
electors and to fill vacancies in the office of presidential electors for their party's
candidates for president and vice president of the United States according to the
procedures established in their bylaws.
(b)
Each registered political party shall certify to the lieutenant governor the names and
addresses of the individuals selected by the political party as the party's presidential
electors before 5 p.m. no later than August 31.
(c)
An unaffiliated candidate or write-in candidate for the office of president of the
United States shall, no later than 5 p.m. on the first business day that is at least 10
calendar days after the day on which the candidate files a declaration of candidacy,
certify to the lieutenant governor the names and addresses of each individual selected
by the candidate as a presidential elector for the candidate and each individual
selected by the candidate to fill a vacancy in the office of presidential elector for the
candidate.
(2)
The highest number of votes cast for candidates for president and vice president of the
United States elects the presidential electors for:
(a)
except as provided in Subsection
(2)(b)
, the political party of those candidates; or
(b)
if the candidates receiving the highest number of votes are unaffiliated candidates or
write-in candidates, the presidential electors selected for those candidates under
Subsection
(1)(c)
.
(1)
A registered political party shall choose individuals to act as presidential electors for the
registered political party's candidates for president and vice president of the United
States in accordance with the registered political party's bylaws and the requirements of
this section.
(2)
For a registered political party's candidates for president and vice president of the
United States, the registered political party shall:
(a)
choose an individual to act as a presidential elector for each Congressional district;
(b)
choose two individuals to each act as a statewide presidential elector;
(c)
choose an individual to fill a vacancy in each office of presidential elector described
in Subsections
(2)(a)
and
(b)
; and
(d)
certify to the lieutenant governor the name and address of each individual described
in Subsection
(2)(a)
through (c) before 5 p.m. no later than August 31 of the year in
which the presidential election will be held.
(3)
An unaffiliated candidate or a write-in candidate for president of the United States shall:
(a)
choose an individual to act as a presidential elector for each Congressional district;
(b)
choose two individuals to each act as a statewide presidential elector;
(c)
choose an individual to fill a vacancy in each office of presidential elector described
in Subsections
(3)(a)
and (b); and
(d)
certify to the lieutenant governor the name and address of each individual described
in Subsections
(3)(a)
through (c) no later than 5 p.m. on the first business day that is
at least 10 calendar days after the day on which the candidate files a declaration of
candidacy.
(4)
(a)
The highest number of votes cast in a Congressional district for candidates for
president and vice president of the United States elects:
(i)
if the candidate for president is the nominee of a registered political party, the
presidential elector that the registered political party chooses for that
Congressional district under Subsection
(2)(a)
; or
(ii)
if the candidate for president is an unaffiliated candidate or a write-in candidate,
the presidential elector that the candidate chooses for that Congressional district
under Subsection
(3)(a)
.
(b)
The highest number of statewide votes cast for candidates for president and vice
president of the United States elects:
(i)
if the candidate for president is the nominee of a registered political party, the
statewide presidential electors that the registered political party chooses under
Subsection
(2)(b)
; or
(ii)
if the candidate for president is an unaffiliated candidate or a write-in candidate,
the statewide presidential electors that the candidate chooses under Subsection
(3)(b)
.
Section 6. Section
20A-13-302
is amended to read:
20A-13-302
. Certificate of election.
(1)
The lieutenant governor shall transmit certificates of election to each of the electors
selected under Section
20A-13-301
:
(a)
if the candidates for president and vice president of the United States who receive
the highest number of votes in the state are unaffiliated candidates or write-in
candidates, by the candidate for president; or
(b)
if the candidates for president and vice president of the United States who receive
the highest number of votes in the state are the nominees of a registered political
party, by the registered political party.
(2)
Presidential electors may not receive compensation for their services.
(1)
The lieutenant governor shall transmit certificates of election to each presidential elector
who is elected under Subsection
20A-13-301(4)
.
(2)
A presidential elector may not receive compensation for the presidential elector's
services.
Section 7. Section
20A-13-303
is amended to read:
20A-13-303
. Filling vacancies.
(1)
If there is a vacancy in the office of presidential elector because of death, refusal to
act, failure to attend, ineligibility, or any other cause, the individual or political party
represented by the elector who caused the vacancy shall immediately fill the vacancy.
If
a vacancy occurs in the office of presidential elector for any reason, the registered
political party, unaffiliated candidate, or write-in candidate represented by the elector
who causes the vacancy shall immediately:
(a)
notify the lieutenant governor; and
(b)
fill the vacancy with the individual that:
(i)
the registered political party chooses under Subsection
20A-13-301(2)(c)
; or
(ii)
the unaffiliated candidate or write-in candidate chooses under Subsection
20A-13-301(3)(c)
.
(2)
Upon receiving the notice described in Subsection
(1)(a)
, the lieutenant governor shall
immediately prepare and transmit a certificate of election to the individual described in
Subsection
(1)(b)
.
Section 8.
Effective Date.
This bill takes effect on
May 6, 2026
.
12-29-25 10:53 AM