Judicial Election Amendments

3
20A-12-201
0
Judicial Election Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jason B. Kyle
Senate Sponsor:
LONG TITLE
General Description:
This bill addresses judicial retention elections.
Highlighted Provisions:
This bill:
modifies the number of votes required for a justice or judge to be retained in a judicial
retention election.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
20A-12-201
, as last amended by Laws of Utah 2025, Chapter 39
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
20A-12-201
is amended to read:
20A-12-201
. Judicial appointees -- Retention elections.
(1)
(a)
Each judicial appointee to a court is subject to an unopposed retention election at
the first general election held more than three years after the judge or justice was
appointed.
(b)
After the first retention election:
(i)
each Supreme Court justice shall be on the regular general election ballot for an
unopposed retention election every tenth year; and
(ii)
each judge of other courts shall be on the regular general election ballot for an
unopposed retention election every sixth year.
(2)
(a)
Each justice or judge of a court of record who wishes to retain office shall, in the
year the justice or judge is subject to a retention election:
(i)
file a declaration of candidacy with the lieutenant governor, or with the county
clerk in the candidate's county of residence, within the period beginning on July 1
and ending at 5 p.m. on July 15 in the year of a regular general election; and
(ii)
pay a filing fee of $50.
(b)
(i)
Each justice court judge who wishes to retain office shall, in the year the justice
court judge is subject to a retention election:
(A)
file a declaration of candidacy with the lieutenant governor, or with the county
clerk in the candidate's county of residence, within the period beginning on
July 1 and ending at 5 p.m. on July 15 in the year of a regular general election;
and
(B)
pay a filing fee of $25 for each judicial office.
(ii)
If a justice court judge is appointed or elected to more than one judicial office, the
declaration of candidacy shall identify all of the courts included in the same
general election.
(iii)
If a justice court judge is appointed or elected to more than one judicial office,
filing a declaration of candidacy in one county in which one of those courts is
located is valid for the courts in any other county.
(3)
(a)
The lieutenant governor shall, no later than August 31 of each regular general
election year:
(i)
transmit a certified list containing the names of the justices of the Supreme Court,
judges of the Court of Appeals, and judges of the Business and Chancery Court
declaring their candidacy to the county clerk of each county; and
(ii)
transmit a certified list containing the names of judges of other courts declaring
their candidacy to the county clerk of each county in the geographic division in
which the judge filing the declaration holds office.
(b)
Each county clerk shall place the names of justices and judges standing for retention
election:
(i)
in the nonpartisan section of the ballot; and
(ii)
in accordance with Section
20A-6-109
.
(4)
(a)
At the general election, the ballots shall contain:
(i)
at the beginning of the judicial retention section of the ballot, the following statement:
"Visit judges.utah.gov to learn about the Judicial Performance Evaluation Commission's
recommendations for each judge"; and
(ii)
as to each justice or judge of any court to be voted on in the county, the following question:
"Shall ______________________________(name of justice or judge) be retained in the
office of ___________________________? (name of office, such as "Justice of the Supreme
Court of Utah"; "Judge of the Court of Appeals of Utah"; "Judge of the Business and Chancery
Court of Utah"; "Judge of the District Court of the Third Judicial District"; "Judge of the
Juvenile Court of the Fourth Juvenile Court District"; "Justice Court Judge of (name of county)
County or (name of municipality)")
Yes ()
No ()."
(b)
If a justice court exists by means of an interlocal agreement under Section
78A-7-102
,
the ballot question for the judge shall include the name of that court.
(5)
(a)
If
the justice or judge receives more yes votes than no votes
at least 67% of the
votes cast are "yes" votes
, the justice or judge is retained for the term of office
provided by law.
(b)
If
the justice or judge does not receive more yes votes than no votes
fewer than 67%
of the votes cast are "yes" votes
, the justice or judge is not retained, and a vacancy
exists in the office on the first Monday in January after the regular general election.
(6)
A justice or judge not retained is ineligible for appointment to the office for which the
justice or judge was defeated until after the expiration of that term of office.
(7)
(a)
If a justice court judge is standing for retention for one or more judicial offices in
a county in which the judge is a county justice court judge or a municipal justice
court judge in a town or municipality of the fourth or fifth class, as described in
Section
10-2-301
, or any combination thereof, the election officer shall place the
judge's name on the county ballot only once for all judicial offices for which the
judge seeks to be retained.
(b)
If a justice court judge is standing for retention for one or more judicial offices in a
municipality of the first, second, or third class, as described in Section
10-2-301
, the
election officer shall place the judge's name only on the municipal ballot for the
voters of the municipality that the judge serves.
Section 2.
Effective Date.
This bill takes effect on
May 6, 2026
.
1-14-26 1:41 PM