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20A-1-503
20A-1-503.1
0
Amendments to Procedure to Fill A Legislative Vacancy
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Andrew Stoddard
Senate Sponsor:
LONG TITLE
General Description:
This bill modifies provisions relating to filling a vacancy in the Legislature.
Highlighted Provisions:
This bill:
defines terms;
requires all vacancies in the Legislature to remain vacant until filled by a special election;
establishes a procedure for calling a special election to fill a vacancy in the Legislature;
describes the dates, which coincide with the dates of other elections, on which a special
primary election or a special general election may be held to fill a vacancy in the
Legislature;
provides a method for calling a special primary election or a special general election to
fill a vacancy in the Legislature on a date other than a date that coincides with the dates
of other elections; and
provides for a temporary appointment to fill a vacancy in the Legislature that occurs, or
will exist, during a general session of the Legislature, until the vacancy is filled by a
special election described in this bill.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
20A-1-503.1
, Utah Code Annotated 1953
REPEALS AND REENACTS:
20A-1-503
, as last amended by Laws of Utah 2025, Chapters 90, 448
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
20A-1-503
is repealed and reenacted to read:
20A-1-503
. Filling a midterm vacancy in the office of state representative.
(1)
As used in this section:
(a)
"Available special general election date" means:
(i)
the date of the municipal general election held during the first year of the term of
office for a representative; or
(ii)
the date of the regular primary election held during the second year of the term of
office for a representative.
(b)
"Available special primary election date" means:
(i)
the date of the municipal primary election held during the first year of the term of
office for a representative; or
(ii)
the date of the municipal general election held during the first year of the term of
office for a representative.
(c)
"Irrevocable letter of future resignation" means a letter that:
(i)
a representative submits to the governor and the speaker of the House of
Representatives;
(ii)
states that the representative intends to leave office on a specified future date; and
(iii)
states that the resignation is irrevocable.
(d)
"Representative" means a representative in the Utah House of Representatives.
(2)
Except as provided in Subsection
(3)
or
(4)
, if a vacancy occurs in the office of
representative, or if a representative submits an irrevocable letter of future resignation,
the governor shall issue a proclamation calling a special election to fill the vacancy, as
follows:
(a)
(i)
if the office is vacant, the governor shall issue the proclamation within seven
days after the day on which the vacancy occurs; or
(ii)
if a representative submits an irrevocable letter of future resignation, the governor
shall issue the proclamation within seven days after the day on which the
representative submits the letter;
(b)
except as provided in Subsection
(4)
, the proclamation shall set the dates of a special
election to fill a vacancy in the office as follows:
(i)
the special primary election will be held on the same date as the next available
special primary election date; and
(ii)
the special general election will be held on the same date as the next available
special general election date following the date of the special primary election; and
(c)
the proclamation shall:
(i)
provide each registered political party that is not a qualified political party at least
21 calendar days, but no more than 28 calendar days, to select one candidate, in a
manner determined by the registered political party, as a candidate for the
registered political party;
(ii)
for each qualified political party, provide at least 21 calendar days, but no more
than 28 calendar days:
(A)
for the qualified political party to select one candidate, using the convention
process described in Section
20A-9-407
, as a candidate for the qualified
political party; and
(B)
for a member of the qualified political party to submit signatures to qualify as
a candidate for the qualified political party using the signature-gathering
process described in Section
20A-9-408
;
(iii)
consistent with the requirements of this section, establish the deadlines, time
frames, and procedures for filing a declaration of candidacy, giving notice of an
election, and other election requirements; and
(iv)
require an election officer to comply with the requirements of Chapter 16,
Uniform Military and Overseas Voters Act.
(3)
Except as provided in Subsection
(4)
, if the governor is unable to issue a proclamation
calling a special election to fill the vacancy more than 90 days before an available
special primary election date, the office will remain vacant until filled at the next regular
general election.
(4)
The proclamation may, subject to Subsection
(5)
, set the dates of a special election to
fill the vacancy on dates other than the dates required under Subsection
(2)(b)
if:
(a)
(i)
the day on which the governor issues the proclamation is more than 90 days
before an available special primary election date; and
(ii)
the governor desires to schedule the special primary election or special general
election on a date other than a date required under Subsection
(2)(b)
; or
(b)
(i)
the day on which the governor issues the proclamation is 90 or fewer days
before the latest available special primary election date; and
(ii)
the governor desires to hold an election to fill the vacancy before the next regular
general election.
(5)
(a)
If the proclamation sets the date of a special election to fill a vacancy on a date
other than a date required under Subsection
(2)(b)
, the governor shall:
(i)
on the same day on which the governor issues the proclamation, issue a call for a
special session for the Legislature to appropriate money to hold the election on a
different day; or
(ii)
if the governor issues the proclamation with sufficient time for the Legislature to,
during a general session of the Legislature, consider appropriating money to hold
the election on a different day, include in the proclamation a written request that
the Legislature appropriate money for the special election.
(b)
If the Legislature does not, under Subsection
(5)(a)
, appropriate money to hold the
election on a different day:
(i)
the proclamation described in Subsection
(2)
is void; and
(ii)
(A)
if the governor is able to issue another proclamation more than 90 days
before an available special primary election date, the governor shall issue the
proclamation and set the election dates in accordance with Subsection
(2)(b)
; or
(B)
if the governor is unable to issue another proclamation more than 90 days
before an available special primary election date, the office will remain vacant
until filled at the next regular general election.
(6)
An individual elected to fill a vacancy under this section shall take office to fill the
vacancy:
(a)
if the office is vacant on the day on which the canvass for the election is completed,
the day after the day on which the canvass is completed; or
(b)
if the office is not yet vacant on the day on which the canvass for the election is
completed, the day after the office becomes vacant.
(7)
If, at any time beginning on the day on which the canvass for the regular general
election is completed, and ending on the second Tuesday in December, the office is or
becomes vacant, the governor shall, on the next business day, appoint the individual
elected to the office at the regular general election to fill the vacancy for the remainder
of the term of office.
(8)
If a vacancy in the office of representative occurs, or will exist, at any time during the
general session of the Legislature:
(a)
the governor shall immediately appoint, as a temporary replacement to fill the
vacancy, the qualified individual whose name is submitted to the governor by the
party liaison for the party of which the prior officeholder was a member when the
prior officeholder was elected or appointed to the office;
(b)
the individual appointed by the governor under Subsection (8)(a) shall:
(i)
take office on the later of:
(A)
the day on which the governor makes the appointment; or
(B)
January 2, of the year of the applicable general session of the Legislature; and
(ii)
leave office the earlier of:
(A)
the day on which the term of office for which the individual appointed to fill
the vacancy ends; or
(B)
at the end of the day on which the canvass for the special election to fill the
vacancy is completed.
Section 2. Section
20A-1-503.1
is enacted to read:
20A-1-503.1
. Filling a midterm vacancy in office of state senator.
(1)
As used in this section:
(a)
"Available special general election date" means:
(i)
the date of the municipal general election held during the first year of the term of
office for the applicable Senate district;
(ii)
the date of the regular primary election held during the second year of the term of
office for the applicable Senate district;
(iii)
the date of the regular general election held during the second year of the term of
office for the applicable Senate district;
(iv)
the date of the municipal primary election held during the third year of the term
of office for the applicable Senate district;
(v)
the date of the municipal general election held during the third year of the term of
office for the applicable Senate district; or
(vi)
the date of the regular primary general election held during the fourth year of the
term of office for the applicable Senate district.
(b)
"Available special primary election date" means:
(i)
the date of the municipal primary election held during the first year of the term of
office for the applicable Senate district;
(ii)
the date of the municipal general election held during the first year of the term of
office for the applicable Senate district;
(iii)
the date of the regular primary election held during the second year of the term
of office for the applicable Senate district;
(iv)
the date of the regular general election held during the second year of the term of
office for the applicable Senate district;
(v)
the date of the municipal primary election held during the third year of the term of
office for the applicable Senate district; or
(vi)
the date of the municipal general election held during the third year of the term
of office for the applicable Senate district.
(c)
"Irrevocable letter of future resignation" means a letter that:
(i)
a senator submits to the governor and the president of the Senate;
(ii)
states that the senator intends to leave office on a specified future date; and
(iii)
states that the resignation is irrevocable.
(d)
"Senator" means a senator in the Utah Senate.
(2)
Except as provided in Subsection
(3)
or
(4)
, if a vacancy occurs in the office of senator,
or if a senator submits an irrevocable letter of future resignation, the governor shall issue
a proclamation calling a special election to fill the vacancy, as follows:
(a)
(i)
if the office is vacant, the governor shall issue the proclamation within seven
days after the day on which the vacancy occurs; or
(ii)
if a senator submits an irrevocable letter of future resignation, the governor shall
issue the proclamation within seven days after the day on which the senator
submits the letter;
(b)
except as provided in Subsection
(4)
, the proclamation shall set the dates of a special
election to fill a vacancy in the office as follows:
(i)
the special primary election will be held on the same date as the next available
special primary election date; and
(ii)
the special general election will be held on the same date as the next available
special general election date following the date of the special primary election; and
(c)
the proclamation shall:
(i)
provide each registered political party that is not a qualified political party at least
21 calendar days, but no more than 28 calendar days, to select one candidate, in a
manner determined by the registered political party, as a candidate for the
registered political party;
(ii)
for each qualified political party, provide at least 21 calendar days, but no more
than 28 calendar days:
(A)
for the qualified political party to select one candidate, using the convention
process described in Section
20A-9-407
, as a candidate for the qualified
political party; and
(B)
for a member of the qualified political party to submit signatures to qualify as
a candidate for the qualified political party using the signature-gathering
process described in Section
20A-9-408
;
(iii)
consistent with the requirements of this section, establish the deadlines, time
frames, and procedures for filing a declaration of candidacy, giving notice of an
election, and other election requirements; and
(iv)
require an election officer to comply with the requirements of Chapter 16,
Uniform Military and Overseas Voters Act.
(3)
Except as provided in Subsection
(4)
, if the governor is unable to issue a proclamation
calling a special election to fill the vacancy more than 90 days before an available
special primary election date, the office will remain vacant until filled at the next regular
general election held during the fourth year of the term of office for the applicable
Senate district.
(4)
The proclamation may, subject to Subsection
(5)
, set the dates of a special election to
fill the vacancy on dates other than the dates required under Subsection
(2)(b)
if:
(a)
(i)
the day on which the governor issues the proclamation is more than 90 days
before an available special primary election date; and
(ii)
the governor desires to schedule the special primary election or special general
election on a date other than a date required under Subsection
(2)(b)
; or
(b)
(i)
the day on which the governor issues the proclamation is 90 or fewer days
before the latest available special primary election date; and
(ii)
the governor desires to hold an election to fill the vacancy before the next regular
general election held during the fourth year of the term of office for the applicable
Senate district.
(5)
(a)
If the proclamation sets the date of a special election to fill a vacancy on a date
other than a date required under Subsection
(2)(b)
, the governor shall:
(i)
on the same day on which the governor issues the proclamation, issue a call for a
special session for the Legislature to appropriate money to hold the election on a
different day; or
(ii)
if the governor issues the proclamation with sufficient time for the Legislature to,
during a general session of the Legislature, consider appropriating money to hold
the election on a different day, include in the proclamation a written request that
the Legislature appropriate money for the special election.
(b)
If the Legislature does not, under Subsection
(5)(a)
, appropriate money to hold the
election on a different day:
(i)
the proclamation described in Subsection
(2)
is void; and
(ii)
(A)
if the governor is able to issue another proclamation more than 90 days
before an available special primary election date, the governor shall issue the
proclamation and set the election dates in accordance with Subsection
(2)(b)
; or
(B)
if the governor is unable to issue another proclamation more than 90 days
before an available special primary election date, the office will remain vacant
until filled at the next regular general election held during the fourth year of the
term of office for the applicable Senate district.
(6)
An individual elected to fill a vacancy under this section shall take office to fill the
vacancy:
(a)
if the office is vacant on the day on which the canvass for the race is completed, the
day after the day on which the canvass is completed; or
(b)
if the office is not yet vacant on the day on which the canvass is completed, the day
after the office becomes vacant.
(7)
If, at any time beginning on the day on which the canvass for the regular general
election held during the fourth year of the term of office for the applicable Senate
district is completed, and ending on the second Tuesday in December, the office is or
becomes vacant, the governor shall, on the next business day, appoint the individual
elected to the office at that regular general election to fill the vacancy for the remainder
of the term of office.
(8)
If a vacancy in the office of senator occurs, or will exists, at any time during the general
session of the Legislature:
(a)
the governor shall immediately appoint, as a temporary replacement to fill the
vacancy, the qualified individual whose name is submitted to the governor by the
party liaison for the party of which the prior officeholder was a member when the
prior officeholder was elected or appointed to the office;
(b)
the individual appointed by the governor under Subsection (8)(a) shall:
(i)
take office on the later of:
(A)
the day on which the governor makes the appointment; or
(B)
January 2, of the year of the applicable general session of the Legislature; and
(ii)
leave office the earlier of:
(A)
the day on which the term of office for which the individual appointed to fill
the vacancy ends; or
(B)
at the end of the day on which the canvass for the special election to fill the
vacancy is completed.
Section 3.
Effective Date.
This bill takes effect on
May 6, 2026
.
2-19-26 3:05 PM