Candidate Nomination Procedures Amendments

59
20A-1-102
20A-1-201.5
20A-1-501
20A-1-502
20A-1-502.5
20A-1-503
20A-1-1001
20A-2-104
20A-2-107
20A-5-101
20A-6-301
20A-6-302
20A-6-304
20A-8-103
20A-9-101
20A-9-201
20A-9-201.5
20A-9-202
20A-9-402.1
20A-9-402.2
20A-9-402.3
20A-9-402.4
20A-9-403
20A-9-405
20A-9-406
20A-9-407
20A-9-408
20A-9-408.5
20A-9-409
20A-9-411
20A-9-701
20A-21-101
63G-2-305
0
Candidate Nomination Procedures Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Andrew Stoddard
Senate Sponsor:
LONG TITLE
General Description:
This bill amends provisions relating to nominating candidates for elective office and
placing candidates on a ballot.
Highlighted Provisions:
This bill:
defines terms;
repeals provisions relating to a qualified political party;
establishes two types of registered political parties:
a primary nominating party that nominates candidates through signature-gathering
only, participates in the regular primary election, and has the name of the primary
nominating party listed on the regular general election ballot in association with the
party's candidates; and
a convention nominating party that nominates candidates using a method that does not
involve the signature-gathering process described in the preceding paragraph or
participation in the regular primary election, and whose candidates are listed on the
regular general election ballot without an indication of the convention nominating
party that nominated the candidates;
requires a registered political party to choose whether to be a primary nominating party or
a convention nominating party;
modifies signature-gathering thresholds; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
20A-1-102
, as last amended by Laws of Utah 2025, First Special Session, Chapter 6
20A-1-201.5
, as last amended by Laws of Utah 2024, Third Special Session, Chapter 3
20A-1-501
, as last amended by Laws of Utah 2025, First Special Session, Chapter 16
20A-1-502
, as last amended by Laws of Utah 2025, Chapter 448
20A-1-502.5
, as last amended by Laws of Utah 2025, Chapter 448
20A-1-503
, as last amended by Laws of Utah 2025, Chapters 90, 448
20A-1-1001
, as last amended by Laws of Utah 2025, First Special Session, Chapter 16
20A-2-104
, as last amended by Laws of Utah 2025, Chapters 381, 448
20A-2-107
, as last amended by Laws of Utah 2025, Second Special Session, Chapter 2
20A-5-101
, as last amended by Laws of Utah 2025, Chapter 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-8-103
, as last amended by Laws of Utah 2025, Chapters 38, 448
20A-9-101
, as last amended by Laws of Utah 2023, Chapters 15, 45
20A-9-201
, as last amended by Laws of Utah 2025, Second Special Session, Chapter 2
20A-9-201.5
, as last amended by Laws of Utah 2025, Second Special Session, Chapter 2
20A-9-202
, as last amended by Laws of Utah 2025, Chapter 448
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-9-408.5
, as last amended by Laws of Utah 2021, Chapter 183
20A-9-411
, as enacted by Laws of Utah 2015, Chapter 296
20A-9-701
, as last amended by Laws of Utah 2015, Chapter 296
20A-21-101
, as enacted by Laws of Utah 2022, Chapter 325
63G-2-305
, as last amended by Laws of Utah 2025, First Special Session, Chapter 17
ENACTS:
20A-9-402.1
, Utah Code Annotated 1953
20A-9-402.2
, Utah Code Annotated 1953
20A-9-402.3
, Utah Code Annotated 1953
20A-9-402.4
, Utah Code Annotated 1953
REPEALS:
20A-9-406
, as last amended by Laws of Utah 2022, Chapter 13
20A-9-407
, as last amended by Laws of Utah 2022, Chapter 13
20A-9-408
, as last amended by Laws of Utah 2025, Chapters 38, 448
20A-9-409
, 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-1-102
is amended to read:
20A-1-102
. Definitions.
As used in this title:
(1)
"Active voter" means a registered voter who has not been classified as an inactive voter
by the county clerk.
(2)
"Automatic tabulating equipment" means apparatus that automatically examines and
counts votes recorded on ballots and tabulates the results.
(3)
(a)
"Ballot" means the storage medium, including a paper, mechanical, or electronic
storage medium, that records an individual voter's vote.
(b)
"Ballot" does not include a record to tally multiple votes.
(4)
"Ballot proposition" means a question, issue, or proposal that is submitted to voters on
the ballot for their approval or rejection including:
(a)
an opinion question specifically authorized by the Legislature;
(b)
a constitutional amendment;
(c)
an initiative;
(d)
a referendum;
(e)
a bond proposition;
(f)
a judicial retention question;
(g)
an incorporation of a city or town; or
(h)
any other ballot question specifically authorized by the Legislature.
(5)
"Bind," "binding," or "bound" means securing more than one piece of paper together
using staples or another means in at least three places across the top of the paper in the
blank space reserved for securing the paper.
(6)
"Board of canvassers" means the entities established by Sections
20A-4-301
and
20A-4-306
to canvass election returns.
(7)
"Bond election" means an election held for the purpose of approving or rejecting the
proposed issuance of bonds by a government entity.
(8)
"Business day" means a Monday, Tuesday, Wednesday, Thursday, or Friday that is not
a holiday.
(9)
"Business reply mail envelope" means an envelope that may be mailed free of charge by
the sender.
(10)
"Calendar day" means any day, regardless of whether the day is a weekend, a holiday,
a business day, or any other type of day.
(11)
"Canvass" means the review of election returns and the official declaration of election
results by the board of canvassers.
(12)
"Canvassing judge" means a poll worker designated to assist in counting ballots at the
canvass.
(13)
"Contracting election officer" means an election officer who enters into a contract or
interlocal agreement with a provider election officer.
(14)
"Convention" means the political party convention at which party officers and
delegates are selected.
(15)
"Counting center" means one or more locations selected by the election officer in
charge of the election for the automatic counting of ballots.
(16)
"Counting judge" means a poll worker designated to count the ballots during election
day.
(17)
"Counting room" means a suitable and convenient private place or room for use by the
poll workers and counting judges to count ballots.
(18)
"County officers" means those county officers that are required by law to be elected.
(19)
"Date of the election" or "election day" or "day of the election":
(a)
means the day that is specified in the calendar year as the day on which the election
occurs; and
(b)
does not include:
(i)
deadlines established for voting by mail, military-overseas voting, or emergency
voting; or
(ii)
any early voting or early voting period as provided under Chapter
3a, Part 6
,
Early Voting.
(20)
"Elected official" means:
(a)
a person elected to an office under Section
20A-1-303
or Chapter
4, Part 6
,
Municipal Alternate Voting Methods Pilot Project;
(b)
a person who is considered to be elected to a municipal office in accordance with
Subsection
20A-1-206
(1)(c)(ii)
20A-1-206(2)(b)(ii)
; or
(c)
a person who is considered to be elected to a special district office in accordance
with Subsection
20A-1-206(3)(b)(ii)
.
(21)
"Election" means a regular general election, a municipal general election, a statewide
special election, a local special election, a regular primary election, a municipal primary
election, and a special district election.
(22)
"Election Assistance Commission" means the commission established by the Help
America Vote Act of 2002, Pub. L. No. 107-252.
(23)
"Election cycle" means the period beginning on the first day on which individuals are
eligible to file declarations of candidacy and ending when the canvass is completed.
(24)
"Election judge" means a poll worker that is assigned to:
(a)
preside over other poll workers at a polling place;
(b)
act as the presiding election judge; or
(c)
serve as a canvassing judge, counting judge, or receiving judge.
(25)
"Election material" includes:
(a)
the verification documentation described in Subsection
20A-3a-401(9)(b)(iv)
;
(b)
the list of voters contacted to cure a ballot described in Subsection
20A-3a-401(10)(b)
;
(c)
the record of rejected and resolved ballots described in Subsection
20A-3a-401(11)(a)
;
(d)
any chain of custody documentation described in Section
20A-3a-401.1
, including:
(i)
the count of ballots described in Subsection
20A-3a-401.1(3)
; and
(ii)
the batch log described in Subsection
20A-3a-401.1(5)
;
(e)
the record of signature verification audits described in Subsection
20A-3a-402.5(4)
;
(f)
the affidavit of compliance described in Subsection
20A-3a-404(2)
;
(g)
the physical and electronic log of replicated ballots described in Subsection
20A-4-104(3)
;
(h)
the physical or electronic log of adjudicated ballots described in Section
20A-5-802.5
;
(i)
the record of voter database access described in Subsection
20A-5-905(2)
;
(j)
the reports on military and overseas voters described in Section
20A-16-202
;
(k)
scanned copies of return envelopes;
(l)
a copy of the final election results database described in Section
20A-5-802.5
; and
(m)
the materials used in the programming of the automatic tabulating equipment.
(26)
"Election officer" means:
(a)
the lieutenant governor, for all statewide ballots and elections;
(b)
the county clerk for:
(i)
a county ballot and election; and
(ii)
a ballot and election as a provider election officer as provided in Section
20A-5-400.1
or
20A-5-400.5
;
(c)
the municipal clerk for:
(i)
a municipal ballot and election; and
(ii)
a ballot and election as a provider election officer as provided in Section
20A-5-400.1
or
20A-5-400.5
;
(d)
the special district clerk or chief executive officer for:
(i)
a special district ballot and election; and
(ii)
a ballot and election as a provider election officer as provided in Section
20A-5-400.1
or
20A-5-400.5
; or
(e)
the business administrator or superintendent of a school district for:
(i)
a school district ballot and election; and
(ii)
a ballot and election as a provider election officer as provided in Section
20A-5-400.1
or
20A-5-400.5
.
(27)
"Election official" means any election officer, election judge, or poll worker.
(28)
"Election results" means:
(a)
for an election other than a bond election, the count of votes cast in the election and
the election returns requested by the board of canvassers; or
(b)
for bond elections, the count of those votes cast for and against the bond proposition
plus any or all of the election returns that the board of canvassers may request.
(29)
"Election results database" means the following information generated by voting
equipment:
(a)
one or more electronic files that contains a digital interpretation of each ballot that is
counted in an election;
(b)
a ballot image; and
(c)
other information related to a ballot that is adjudicated under Section
20A-4-105
.
(30)
"Election returns" means:
(a)
the pollbook;
(b)
the military and overseas absentee voter registration and voting certificates;
(c)
one of the tally sheets;
(d)
any unprocessed ballots;
(e)
all counted ballots;
(f)
all excess ballots;
(g)
all unused ballots;
(h)
all spoiled ballots;
(i)
all ballot disposition forms, including any provisional ballot disposition forms;
(j)
the final election results database described in Section
20A-5-802.5
;
(k)
all return envelopes;
(l)
any provisional ballot envelopes; and
(m)
the total votes cast form.
(31)
"Electronic signature" means an electronic sound, symbol, or process attached to or
logically associated with a record and executed or adopted by a person with the intent to
sign the record.
(32)
"Holiday" means a legal holiday described in Subsections
63G-1-301(1)
and (2).
(33)
"Inactive voter" means a registered voter who is listed as inactive by a county clerk
under Subsection
20A-2-505(4)(c)(i)
or
(ii)
.
(34)
"Judicial office" means the office filled by any judicial officer.
(35)
"Judicial officer" means any justice or judge of a court of record or any county court
judge.
(36)
"Local election" means a regular county election, a regular municipal election, a
municipal primary election, a local special election, a special district election, and a
bond election.
(37)
"Local political subdivision" means a county, a municipality, a special district, or a
local school district.
(38)
"Local special election" means a special election called by the governing body of a
local political subdivision in which all registered voters of the local political subdivision
may vote.
(39)
"Manual ballot" means a paper document produced by an election officer on which an
individual records an individual's vote by directly placing a mark on the paper document
using a pen or other marking instrument.
(40)
"Mechanical ballot" means a record, including a paper record, electronic record, or
mechanical record, that:
(a)
is created via electronic or mechanical means; and
(b)
records an individual voter's vote cast via a method other than an individual directly
placing a mark, using a pen or other marking instrument, to record an individual
voter's vote.
(41)
"Municipal executive" means:
(a)
the mayor in the council-mayor form of government defined in Section
10-3b-102
; or
(b)
the mayor in the council-manager form of government defined in Subsection
10-3b-103(6)
.
(42)
"Municipal general election" means the election held in municipalities and, as
applicable, special districts on the first Tuesday after the first Monday in November of
each odd-numbered year for the purposes established in Section
20A-1-202
.
(43)
"Municipal legislative body" means the council of the city or town in any form of
municipal government.
(44)
"Municipal office" means an elective office in a municipality.
(45)
"Municipal officers" means those municipal officers that are required by law to be
elected.
(46)
"Municipal primary election" means an election held to nominate candidates for
municipal office.
(47)
"Municipality" means a city or town.
(48)
"Official ballot" means the ballots distributed by the election officer for voters to
record their votes.
(49)
"Official endorsement" means the information on the ballot that identifies:
(a)
the ballot as an official ballot;
(b)
the date of the election; and
(c)
(i)
for a ballot prepared by an election officer other than a county clerk, the
facsimile signature required by Subsection
20A-6-401(1)(a)(iii)
; or
(ii)
for a ballot prepared by a county clerk, the words required by Subsection
20A-6-301(1)(b)(iii)
20A-6-30(1)(c)(iii)
.
(50)
"Official register" means the official record furnished to election officials by the
election officer that contains the information required by Section
20A-5-401
.
(51)
"Political party" means an organization of registered voters that has qualified to
participate in an election by meeting the requirements of Chapter 8, Political Party
Formation and Procedures.
(52)
(a)
"Poll worker" means a person assigned by an election official to assist with an
election, voting, or counting votes.
(b)
"Poll worker" includes election judges.
(c)
"Poll worker" does not include a watcher.
(53)
"Pollbook" means a record of the names of voters in the order that the voters appear to
cast votes.
(54)
"Polling place" means a building where voting is conducted.
(55)
"Position" means a square, circle, rectangle, or other geometric shape on a ballot in
which the voter marks the voter's choice.
(56)
"Presidential Primary Election" means the election established in
Chapter 9, Part 8,
Presidential Primary Election
.
(57)
"Primary convention" means the political party conventions held during the year of the
regular general election.
(58)
"Protective counter" means a separate counter, which cannot be reset, that:
(a)
is built into a voting machine; and
(b)
records the total number of movements of the operating lever.
(59)
"Provider election officer" means an election officer who enters into a contract or
interlocal agreement with a contracting election officer to conduct an election for the
contracting election officer's local political subdivision in accordance with Section
20A-5-400.1
.
(60)
"Provisional ballot" means a ballot voted provisionally by a person:
(a)
whose name is not listed on the official register at the polling place;
(b)
whose legal right to vote is challenged as provided in this title; or
(c)
whose identity was not sufficiently established by a poll worker.
(61)
"Provisional ballot envelope" means an envelope printed in the form required by
Section
20A-6-105
that is used to identify provisional ballots and to provide information
to verify a person's legal right to vote.
(62)
(a)
"Public figure" means an individual who, due to the individual being considered
for, holding, or having held a position of prominence in a public or private capacity,
or due to the individual's celebrity status, has an increased risk to the individual's
safety.
(b)
"Public figure" does not include an individual:
(i)
elected to public office; or
(ii)
appointed to fill a vacancy in an elected public office.
(63)
"Qualify" or "qualified" means to take the oath of office and begin performing the
duties of the position for which the individual was elected.
(64)
"Receiving judge" means the poll worker that checks the voter's name in the official
register at a polling place and provides the voter with a ballot.
(65)
"Registration form" means a form by which an individual may register to vote under
this title.
(66)
"Regular ballot" means a ballot that is not a provisional ballot.
(67)
"Regular general election" means the election held throughout the state on the first
Tuesday after the first Monday in November of each even-numbered year for the
purposes established in Section
20A-1-201
.
(68)
"Regular primary election" means the election, held on the date specified in Section
20A-1-201.5
, to nominate candidates of political parties and candidates for nonpartisan
local school board positions to advance to the regular general election.
(69)
"Resident" means a person who resides within a specific voting precinct in Utah.
(70)
"Return envelope" means the envelope, described in Subsection
20A-3a-202(4)
,
provided to a voter with a manual ballot:
(a)
into which the voter places the manual ballot after the voter has voted the manual
ballot in order to preserve the secrecy of the voter's vote; and
(b)
that includes the voter affidavit and a place for the voter's signature.
(71)
"Sample ballot" means a mock ballot similar in form to the official ballot, published as
provided in Section
20A-5-405
.
(72)
"Special district" means a local government entity under Title
17B, Limited Purpose
Local Government Entities - Special Districts
, and includes a special service district
under
Title 17D, Chapter 1, Special Service District Act
.
(73)
"Special district officers" means those special district board members who are required
by law to be elected.
(74)
"Special election" means an election held as authorized by Section
20A-1-203
.
(75)
"Spoiled ballot" means each ballot that:
(a)
is spoiled by the voter;
(b)
is unable to be voted because it was spoiled by the printer or a poll worker; or
(c)
lacks the official endorsement.
(76)
"Statewide special election" means a special election called by the governor or the
Legislature in which all registered voters in Utah may vote.
(77)
"Tabulation system" means a device or system designed for the sole purpose of
tabulating votes cast by voters at an election.
(78)
"Ticket" means a list of:
(a)
political parties;
(b)
candidates for an office; or
(c)
ballot propositions.
(79)
"Transfer case" means the sealed box used to transport voted ballots to the counting
center.
(80)
"Vacancy" means:
(a)
except as provided in Subsection
(80)(b)
, the absence of an individual to serve in a
position created by state constitution or state statute, whether that absence occurs
because of death, disability, disqualification, resignation, or other cause; or
(b)
in relation to a candidate for a position created by state constitution or state statute,
the removal of a candidate due to the candidate's death, resignation, or
disqualification.
(81)
"Valid voter identification" means:
(a)
a form of identification that bears the name and photograph of the voter which may
include:
(i)
a currently valid Utah driver license;
(ii)
a currently valid identification card issued under
Title 53, Chapter 3, Part 8,
Identification Card Act
;
(iii)
a currently valid identification card that is issued by:
(A)
the state; or
(B)
a branch, department, or agency of the United States;
(iv)
a currently valid Utah permit to carry a concealed weapon;
(v)
a currently valid United States passport; or
(vi)
a currently valid United States military identification card;
(b)
one of the following identification cards, regardless of whether the card includes a
photograph of the voter:
(i)
a valid tribal identification card;
(ii)
a Bureau of Indian Affairs card; or
(iii)
a tribal treaty card; or
(c)
two forms of identification not listed under Subsection
(81)(a)
or
(b)
but that bear the
name of the voter and provide evidence that the voter resides in the voting precinct,
which may include:
(i)
before January 1, 2029, an original or copy of a current utility bill, dated no more
than 90 calendar days before the date of the election;
(ii)
before January 1, 2029, an original or copy of a bank or other financial account
statement, dated no more than 90 calendar days before the date of the election;
(iii)
a certified birth certificate;
(iv)
a valid social security card;
(v)
an original or copy of a check issued by the state or the federal government, dated
no more than 90 calendar days before the date of the election;
(vi)
an original or copy of a paycheck from the voter's employer, dated no more than
90 calendar days before the date of the election;
(vii)
a currently valid Utah hunting or fishing license;
(viii)
certified naturalization documentation;
(ix)
a currently valid license issued by an authorized agency of the United States;
(x)
a certified copy of court records showing the voter's adoption or name change;
(xi)
a valid Medicaid card, Medicare card, or Electronic Benefits Transfer
Card
card
;
(xii)
a currently valid identification card issued by:
(A)
a local government within the state;
(B)
an employer for an employee; or
(C)
a college, university, technical school, or professional school located within
the state; or
(xiii)
a current Utah vehicle registration.
(82)
"Valid write-in candidate" means a candidate who has qualified as a write-in candidate
by following the procedures and requirements of this title.
(83)
"Vote by mail" means to vote, using a manual ballot that is mailed to the voter, by:
(a)
mailing the ballot to the location designated in the mailing; or
(b)
depositing the ballot in a ballot drop box designated by the election officer.
(84)
"Voter" means an individual who:
(a)
meets the requirements for voting in an election;
(b)
meets the requirements of election registration;
(c)
is registered to vote; and
(d)
is listed in the official register.
(85)
"Voter registration deadline" means the registration deadline provided in Section
20A-2-102.5
.
(86)
"Voting area" means the area within six feet of the voting booths, voting machines,
and ballot box.
(87)
"Voting booth" means:
(a)
the space or compartment within a polling place that is provided for the preparation
of ballots, including the voting enclosure or curtain; or
(b)
a voting device that is free standing.
(88)
"Voting device" means any device provided by an election officer for a voter to vote a
mechanical ballot.
(89)
"Voting precinct" means the smallest geographical voting unit, established under
Chapter 5, Part 3, Duties of the County and Municipal Legislative Bodies
.
(90)
"Watcher" means an individual who complies with the requirements described in
Section
20A-3a-801
to become a watcher for an election.
(91)
"Write-in ballot" means a ballot containing any write-in votes.
(92)
"Write-in vote" means a vote cast for an individual, whose name is not printed on the
ballot, in accordance with the procedures established in this title.
Section 2. Section
20A-1-201.5
is amended to read:
20A-1-201.5
. Primary election dates.
(1)
The regular primary election shall be held throughout the state on the fourth Tuesday of
June of each even numbered year as provided in Section
20A-9-403
,
20A-9-407
, or
20A-9-408
,
as applicable, to nominate persons for national, state, school board, and
county offices.
(2)
A municipal primary election shall be held, if necessary, on the second Tuesday
following the first Monday in August before the regular municipal election to nominate
persons for:
(a)
municipal offices; or
(b)
local school board office for a new school district or a reorganized new school
district under Section
53G-3-302
.
(3)
A presidential primary election shall be held throughout the state on the first Tuesday in
March in the year in which a presidential election will be held.
Section 3. 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(3)(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(3)(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 4. Section
20A-1-502
is amended to read:
20A-1-502
. Midterm vacancy in office of United States senator.
(1)
Except as provided in Subsections
(2)
and
(3)
, when a vacancy occurs in the office of
United States senator, the governor shall, within seven calendar days after the day on
which the vacancy occurs, issue a proclamation calling a special congressional election
to fill the vacancy that:
(a)
sets a date for a primary congressional special election, and a later date for a general
congressional special election, on the same day as one of the following elections:
(i)
a municipal general election;
(ii)
a presidential primary election;
(iii)
a regular primary election; or
(iv)
a regular general election;
(b)
sets the date of the primary congressional special election on the same day as the
next election described in Subsections
(1)(a)(i)
through
(iv)
that is more than 90
calendar days after the day on which the governor issues the proclamation;
(c)
sets the date of the general special congressional election on the same day as the next
election described in Subsection
(1)(a)
that is more than 90 calendar days after the
primary special congressional election described in Subsection
(1)(b)
;
(d)
provides each
registered political party that is not a qualified political
convention
nominating
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
convention
nominating
party, as a candidate for the
registered political party
convention
nominating party to appear on the general special congressional election ballot, in the
manner described in Subsection
20A-9-402.2(3)
and Section
20A-6-301
;
(e)
for each
qualified political
primary nominating
party, provides at least 21 calendar
days, but no more than 28 calendar days
:
(i)
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
(ii)
for a
member of the qualified political
qualified individual to seek the
nomination of the primary nominating
party to submit signatures to qualify
for
placement on the primary special congressional election ballot
as a candidate for
the
qualified political
primary nominating
party using the signature-gathering
process described in Section
20A-9-408
20A-9-402.3
;
(f)
consistent with the requirements of this section, establishes the deadlines, time
frames, and procedures for filing a declaration of candidacy, giving notice of an
election, and other election requirements; and
(g)
requires an election officer to comply with the requirements of
Chapter 16, Uniform
Military and Overseas Voters Act
.
(2)
(a)
The governor may set a date for a primary special congressional election or a
general special congressional election on a date other than a date described in
Subsection
(1)(a)
if:
(i)
on the same day on which the governor issues the proclamation described in
Subsection
(1)
the governor calls 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 described in Subsection
(1)
on or after
January 1, but before the end of the general session of the Legislature, and
requests in the proclamation described in Subsection
(1)
that the Legislature
appropriate money to hold the election on a different day.
(b)
If the Legislature does not, under Subsection
(2)(a)
, appropriate money to hold the
election on a different day, the proclamation described in Subsection
(1)
is void and
the governor shall, within seven calendar days after the day on which the Legislature
declines to appropriate money to hold the election on a different day, issue a
proclamation, in accordance with Subsection
(1)
, that sets the special congressional
primary and general elections on dates described in Subsections
(1)(a)(i)
through
(iv)
.
(3)
A special congressional election to fill a vacancy in the office of United States senator
will not be held if:
(a)
the next regular general election that occurs after the day on which the vacancy
occurs is the regular general election that occurs immediately before the six-year term
for the senate office ends; and
(b)
the vacancy occurs after August 1 of the year before the regular general election
described in Subsection
(3)(a)
.
(4)
(a)
The governor shall appoint an individual to temporarily fill a vacancy in the office
of United States senator from one of three individuals nominated by the Legislature,
each of whom is a member of the political party of which the prior officeholder was a
member at the time the prior officeholder was elected.
(b)
The individual appointed under Subsection
(4)(a)
shall serve as United States senator
until the earlier of the day on which:
(i)
the vacancy is filled by election under Subsection
(1)
or
(2)
; or
(ii)
the six-year term for the senate office ends.
(5)
An individual elected to fill a vacancy under this section shall serve until the end of the
current term in which the vacancy filled by the election occurs.
(6)
A vacancy in the office of United States senator does not occur unless the senator:
(a)
has left the office; or
(b)
submits an irrevocable letter of resignation to the governor or to the president of the
United States Senate.
Section 5. Section
20A-1-502.5
is amended to read:
20A-1-502.5
. Midterm vacancy in office of United States representative.
(1)
Except as provided in Subsections
(2)
and
(4)
, when a vacancy occurs in the office of
United States representative, the governor shall, within seven calendar days after the day
on which the vacancy occurs, issue a proclamation calling a special congressional
election to fill the vacancy that:
(a)
sets a date for a primary congressional special election, and a later date for a general
congressional special election, on the same day as one of the following elections:
(i)
a municipal general election;
(ii)
a presidential primary election;
(iii)
a regular primary election; or
(iv)
a regular general election;
(b)
sets the date of the primary congressional special election on the same day as the
next election described in Subsections
(1)(a)(i)
through
(iv)
that is more than 90
calendar days after the day on which the governor issues the proclamation;
(c)
sets the date of the general special congressional election on the same day as the next
election described in Subsection
(1)(a)
that is more than 90 calendar days after the
primary special congressional election described in Subsection
(1)(b)
;
(d)
provides each
registered political party that is not a qualified political
convention
nominating
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
convention
nominating
party, as a candidate for the
registered political party
convention
nominating party to appear on the general special congressional election ballot, in the
manner described in Subsection
20A-9-402.2(3)
and Section
20A-6-301
;
(e)
for each
qualified political
primary nominating
party, provides at least 21 calendar
days, but no more than 28 calendar days
:
(i)
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
(ii)
for a
member of the qualified political
qualified individual to seek the
nomination of the primary nominating
party to submit signatures to qualify
for
placement on the primary special congressional election ballot
as a candidate for
the
qualified political
primary nominating
party using the signature-gathering
process described in Section
20A-9-408
20A-9-402.3
;
(f)
consistent with the requirements of this section, establishes the deadlines, time
frames, and procedures for filing a declaration of candidacy, giving notice of an
election, and other election requirements; and
(g)
requires an election officer to comply with the requirements of
Chapter 16, Uniform
Military and Overseas Voters Act
.
(2)
The governor may set a date for a primary special congressional election or a general
special congressional election on a date other than a date described in Subsection
(1)(a)

if:
(a)
on the same day on which the governor issues the proclamation described in
Subsection
(1)
the governor calls a special session for the Legislature to appropriate
money to hold the election on a different day; or
(b)
if the governor issues the proclamation described in Subsection
(1)
on or after
January 1, but before the end of the general session of the Legislature, and requests in
the proclamation described in Subsection
(1)
that the Legislature appropriate money
to hold the election on a different day.
(3)
If the Legislature does not, under Subsection
(2)
, appropriate money to hold the election
on a different day, the proclamation described in Subsection
(1)
is void and the governor
shall, within seven calendar days after the day on which the Legislature declines to
appropriate money to hold the election on a different day, issue a proclamation, in
accordance with Subsection
(1)
, that sets the special congressional primary and general
elections on dates described in Subsections
(1)(a)(i)
through
(iv)
.
(4)
A special congressional election to fill a vacancy in the office of United States
representative will not be held if the vacancy occurs fewer than 180 calendar days before
the next regular general election.
(5)
An individual who fills a vacancy under this section shall serve until the end of the
current term in which the vacancy occurs.
(6)
A vacancy in the office of United States representative does not occur unless the
representative:
(a)
has left the office; or
(b)
submits an irrevocable letter of resignation to the governor or to the speaker of the
United States House of Representatives.
Section 6. Section
20A-1-503
is amended to read:
20A-1-503
. Midterm vacancies in the Legislature.
(1)
As used in this section:
(a)
"Filing deadline" means the final date for filing:
(i)
a declaration of candidacy as provided in Section
20A-9-202
; and
(ii)
a certificate of nomination as provided in Section
20A-9-503
.
(b)
"Party liaison" means the political party officer designated to serve as a liaison with
the lieutenant governor on all matters relating to the political party's relationship with
the state as required by Section
20A-8-401
.
(2)
When a vacancy occurs for any reason in the office of representative in the Legislature,
the governor shall fill the vacancy by immediately appointing the person whose name
was submitted by the party liaison of the same political party as the prior representative.
(3)
(a)
Except as provided by Subsection
(5)
, when a vacancy occurs for any reason in
the office of senator in the Legislature, it shall be filled for the unexpired term at the
next regular general election.
(b)
The governor shall fill the vacancy until the next regular general election by
immediately appointing the person whose name was submitted by the party liaison of
the same political party as the prior senator.
(4)
(a)
If a vacancy described in Subsection
(3)(a)
occurs after the filing deadline but
before August 31 of an even-numbered year in which the term of office does not
expire, the lieutenant governor shall:
(i)
establish a date and time, which is before the date for a candidate to be certified
for the ballot under Section
20A-9-701
and no later than 21 calendar days after the
day on which the vacancy occurred, by which a person intending to obtain a
position on the ballot for the vacant office shall file:
(A)
a declaration of candidacy; or
(B)
a certificate of nomination; and
(ii)
give notice of the vacancy and the date and time described in Subsection
(4)(a)(i)
:
(A)
on the lieutenant governor's website; and
(B)
to each registered political party.
(b)
A person intending to obtain a position on the ballot for the vacant office shall:
(i)
before the date and time specified in Subsection
(4)(a)(i)
, file a declaration of
candidacy or certificate of nomination according to the procedures and
requirements of
Chapter 9, Candidate Qualifications and Nominating Procedures
;
and
(ii)
run in the regular general election if:
(A)
nominated as a party candidate; or
(B)
qualified as an unaffiliated candidate as provided by
Chapter 9, Candidate
Qualifications and Nominating Procedures
.
(c)
If a vacancy described in Subsection
(3)(a)
occurs after the deadline described in
Subsection
20A-9-202(1)(b)
20A-9-201.5(2)
and before August 31, of an
even-numbered year in which the term of office does not expire, a party liaison from
each registered political party may submit a name of a person described in Subsection
(4)(b)
to the lieutenant governor before 5 p.m. no later than August 30 for placement
on the regular general election ballot.
(5)
If a vacancy described in Subsection
(3)(a)
occurs on or after August 31 of an
even-numbered year in which a term does not expire, the governor shall fill the vacancy
for the unexpired term by immediately appointing the person whose name was submitted
by the party liaison of the same political party as the prior senator.
(6)
(a)
Except as provided in Subsection
(6)(b)
, an individual seeking appointment to fill
a vacancy described in this section shall, no later than the deadline for the individual
to file an interim report under Subsection
20A-11-303(3)(a)
, make a complete
conflict of interest disclosure on the website described in Section
20A-11-1602.5
.
(b)
An individual described in Subsection
(6)(a)
is not required to comply with
Subsection
(6)(a)
if the individual:
(i)
(A)
currently holds the office of senator and is seeking appointment as a
representative; or
(B)
currently holds the office of representative and is seeking appointment as a
senator;
(ii)
already, that same year, filed a conflict of interest disclosure for the office
described in Subsection
(6)(b)(i)
, in accordance with Section
20A-11-1604
; and
(iii)
no later than the deadline described in Subsection
(6)
(a), indicates, in a written
statement, that the conflict of interest disclosure described in Subsection
(6)(b)(ii)

is updated and accurate as of the date of the written statement.
(7)
The lieutenant governor shall make each conflict of interest disclosure made by an
individual described in Subsection
(6)(a)
available for public inspection in accordance
with Subsection
20A-11-1603(4)
.
(8)
A vacancy in the office of senator or representative of the Legislature does not occur
unless the senator or representative:
(a)
has left the office; or
(b)
submits an irrevocable letter of resignation to:
(i)
for a senator, the president of the Senate; or
(ii)
for a representative, the speaker of the House of Representatives.
Section 7. Section
20A-1-1001
is amended to read:
20A-1-1001
. Definitions.
As used in this part:
(1)
(a)
"Clerk" means the lieutenant governor, a county clerk, municipal clerk, town
clerk, city recorder, or municipal recorder.
(b)
"Clerk" includes a board of trustees under
Title 17B, Chapter 1, Provisions
Applicable to All Special Districts
.
(2)
"Local petition" means:
(a)
a manual or electronic local initiative petition described in
Chapter 7, Part 5, Local
Initiatives - Procedures
; or
(b)
a manual or electronic local referendum petition described in
Chapter 7, Part 6, Local
Referenda - Procedures
.
(3)
"Petition" means one of the following written requests, signed by registered voters,
appealing to an authority with respect to a particular cause:
(a)
a local petition;
(b)
a petition to consolidate two or more municipalities under Section
10-2-601
;
(c)
a petition for disincorporation of a municipality under Section
10-2-701
;
(d)
a petition to incorporate a proposed municipality under Section
10-2a-208
;
(e)
a petition to consolidate adjoining counties under Section
17-61-201
;
(f)
a petition to annex a portion of a county to an adjoining county under Section
17-61-301
;
(g)
a petition for the creation of a new county under Section
17-61-401
;
(h)
a petition for the removal of a county seat under Section
17-60-302
;
(i)
a petition for the adoption of an optional plan under Section
17-62-303
;
(j)
a petition for the repeal of an optional plan under Section
17-62-505
;
(k)
a petition to create a special district under Section
17B-1-203
;
(l)
a petition to withdraw an area from a special district under Section
17B-1-504
;
(m)
a petition to dissolve a special district under Section
17B-1-1303
;
(n)
a petition for issuance of local building authority bonds under Section
17D-2-502
;
(o)
a petition to become a registered political party under Section
20A-8-103
;
(p)
a nomination petition for municipal office under Section
20A-9-203
;
(q)
a nomination petition for a regular primary election under Subsection
20A-9-403(3)(a)
and Section
20A-9-405
;
(r)
(q)
a petition for a political party to qualify as a municipal political party under
Section
20A-9-404
;
(s)
(r)
a petition for the nomination of a
qualified political party under Section
20A-9-408
primary nominating party under Section
20A-9-402.3
;
(t)
(s)
a nomination petition for a candidate not affiliated with a political party under
Section
20A-9-502
;
(u)
(t)
a nomination petition to become a delegate to a ratification convention under
Section
20A-15-103
;
(v)
(u)
a petition to create a new school district under Section
53G-3-301
;
(w)
(v)
a petition to consolidate school districts under Section
53G-3-401
;
(x)
(w)
a petition to transfer a portion of a school district to another district under
Section
53G-3-501
;
(y)
(x)
a petition to determine whether a privatization project agreement should be
approved under Section
73-10d-4
; or
(z)
(y)
a statewide petition.
(4)
"Statewide petition" means:
(a)
a manual or electronic statewide initiative petition described in
Chapter 7, Part 2,
Statewide Initiatives
; or
(b)
a manual or electronic statewide referendum petition described in
Chapter 7, Part 3,
Statewide Referenda
.
(5)
(a)
"Substantially similar name" means:
(i)
the given name, the surname, or both, provided by the individual with the
individual's petition signature, contain only minor spelling differences when
compared to the given name and surname shown on the official register;
(ii)
the surname provided by the individual with the individual's petition signature
exactly matches the surname shown on the official register, and the given names
differ only because one of the given names shown is a commonly used
abbreviation or variation of the other;
(iii)
the surname provided by the individual with the individual's petition signature
exactly matches the surname shown on the official register, and the given names
differ only because one of the given names shown is accompanied by a first or
middle initial or a middle name which is not shown on the other record; or
(iv)
the surname provided by the individual with the individual's petition signature
exactly matches the surname shown on the official register, and the given names
differ only because one of the given names shown is an alphabetically
corresponding initial that has been provided in the place of a given name shown
on the other record.
(b)
"Substantially similar name" does not include a name having an initial or a middle
name provided by the individual with the individual's petition signature that does not
match a different initial or middle name shown on the official register.
Section 8. Section
20A-2-104
is amended to read:
20A-2-104
. Voter registration form -- Registered voter lists -- Fees for copies.
(1)
As used in this section:
(a)
"Candidate for public office" means an individual:
(i)
who files a declaration of candidacy for a public office;
or
(ii)
who files a notice of intent to gather signatures under Section
20A-9-408
; or
(iii)
(ii)
employed by, under contract with, or a volunteer of, an individual described
in Subsection
(1)(a)(i)
or (ii)
(1)(a)(i)
for political campaign purposes.
(b)
"Dating violence" means the same as that term is defined in Section
78B-7-402
and
the federal Violence Against Women Act of 1994, as amended.
(c)
"Domestic violence" means the same as that term is defined in Section
77-36-1
and
the federal Violence Against Women Act of 1994, as amended.
(d)
"Hash
Code
code
" means a code generated by applying an algorithm to a set of data
to produce a code that:
(i)
uniquely represents the set of data;
(ii)
is always the same if the same algorithm is applied to the same set of data; and
(iii)
cannot be reversed to reveal the data applied to the algorithm.
(e)
"Protected individual" means an individual:
(i)
who submits a withholding request form with the individual's voter registration
record, or to the lieutenant governor or a county clerk, if the individual indicates
on the form that the individual, or an individual who resides with the individual, is
a victim of domestic violence or dating violence or is likely to be a victim of
domestic violence or dating violence;
(ii)
who submits a withholding request form with the individual's voter registration
record, or to the lieutenant governor or a county clerk, if the individual indicates
on the form and provides verification that the individual, or an individual who
resides with the individual, is a law enforcement officer, a member of the armed
forces as defined in Section
20A-1-513
, a public figure, or protected by a
protective order or protection order; or
(iii)
whose voter registration record was classified as a private record at the request of
the individual before May 12, 2020.
(2)
(a)
An individual applying for voter registration, or an individual preregistering to vote,
shall complete a voter registration form in substantially the following form:
-----------------------------------------------------------------------------------------------------------------
UTAH ELECTION REGISTRATION FORM
Are you a citizen of the United States of America?
Yes
No
If you checked "no" to the above question, do not complete this form.
Will you be 18 years
of age
old
on or before election day?
Yes
No
If you checked "no" to the above question, are you 16 or 17 years
of age
old
and
preregistering to vote?
Yes
No
If you checked "no" to both of the prior two questions, do not complete this form.
Name of Voter
_________________________________________________________________
First
Middle
Last
Utah Driver License or Utah Identification Card
Number____________________________
Date of Birth ______________________________________________________
Street Address of Principal Place of Residence
____________________________________________________________________________
City
County
State
Zip Code
Telephone Number (optional) _________________________
Email Address (optional) _____________________________________________
Last four digits of Social Security Number ______________________
Last former address at which I was registered to vote (if
known)__________________________
____________________________________________________________________________
City
County
State
Zip Code
Political Party
(a listing of each registered political party, as defined in Section
20A-8-101
and
maintained by the lieutenant governor under Section
67-1a-2
, with each party's name preceded
by a checkbox)
Unaffiliated (no political party preference)
Other (Please
specify)___________________
I do swear (or affirm), subject to penalty of law for false statements, that the information
contained in this form is true, and that I am a citizen of the United States and a resident of the
state of Utah, residing at the above address. Unless I have indicated above that I am
preregistering to vote in a later election, I will be at least 18 years
of age
old
and will have
resided in Utah for 30 calendar days immediately before the next election. I am not a
convicted felon currently incarcerated for commission of a felony.
Signed and sworn
__________________________________________________________
Voter's Signature
_______________(month/day/year).
PRIVACY INFORMATION
Voter registration records contain some information that is available to the public, such
as your name and address, some information that is available only to government entities, and
some information that is available only to certain third parties in accordance with the
requirements of law.
Your driver license number, identification card number, social security number, email
address, full date of birth, and phone number are available only to government entities. Your
year of birth is available to political parties, candidates for public office, certain third parties,
and their contractors, employees, and volunteers, in accordance with the requirements of law.
You may request that all information on your voter registration records be withheld from
all persons other than government entities, political parties, candidates for public office, and
their contractors, employees, and volunteers, by indicating here:
_____ Yes, I request that all information on my voter registration records be withheld
from all persons other than government entities, political parties, candidates for public office,
and their contractors, employees, and volunteers.
REQUEST FOR ADDITIONAL PRIVACY PROTECTION
In addition to the protections provided above, you may request that identifying
information on your voter registration records be withheld from all political parties, candidates
for public office, and their contractors, employees, and volunteers, by submitting a
withholding request form, and any required verification, as described in the following
paragraphs.
A person may request that identifying information on the person's voter registration
records be withheld from all political parties, candidates for public office, and their
contractors, employees, and volunteers, by submitting a withholding request form with this
registration record, or to the lieutenant governor or a county clerk, if the person is or is likely
to be, or resides with a person who is or is likely to be, a victim of domestic violence or dating
violence.
A person may request that identifying information on the person's voter registration
records be withheld from all political parties, candidates for public office, and their
contractors, employees, and volunteers, by submitting a withholding request form and any
required verification with this registration form, or to the lieutenant governor or a county clerk,
if the person is, or resides with a person who is, a law enforcement officer, a member of the
armed forces, a public figure, or protected by a protective order or a protection order.
CITIZENSHIP AFFIDAVIT
Name:
Name at birth, if different:
Place of birth:
Date of birth:
Date and place of naturalization (if applicable):
I hereby swear and affirm, under penalties for voting fraud set forth below, that I am a
citizen and that to the best of my knowledge and belief the information above is true and
correct.
____________________________
Signature of Applicant
In accordance with Section
20A-2-401
, the penalty for willfully causing, procuring, or
allowing yourself to be registered or preregistered to vote if you know you are not entitled to
register or preregister to vote is up to one year in jail and a fine of up to $2,500.
NOTICE: IN ORDER TO BE ALLOWED TO VOTE, YOU MUST PRESENT VALID
VOTER IDENTIFICATION TO THE POLL WORKER, IN ACCORDANCE WITH THE
REQUIREMENTS OF LAW.
FOR OFFICIAL USE ONLY
Type of I.D. ____________________________
Voting Precinct _________________________
Voting I.D. Number _____________________
------------------------------------------------------------------------------------------------------------------
(b)
The voter registration form described in Subsection
(2)(a)
shall include:
(i)
a section in substantially the following form:
"------------------------------------------------------------------------------------------------------------------
BALLOT NOTIFICATIONS
Do you consent to receive communications about the status of your ballot and other official
communications, by text, at the phone number you provided above? Yes No
------------------------------------------------------------------------------------------------------------------";
and
(ii)
no later than November 5, 2025, the following, immediately after the question described in
Subsection
(2)(b)(i)
:
"Indicate below how you want to vote in upcoming elections:
_____ Mail a ballot to me.
_____ Do not mail a ballot to me. I will vote in person."
(c)
(i)
Except as provided under Subsection
(2)(c)(ii)
, the county clerk shall retain a
copy of each voter registration form in a permanent countywide alphabetical file,
which may be electronic or some other recognized system.
(ii)
The county clerk may transfer a superseded voter registration form to the
Division of Archives and Records Service created under Section
63A-12-101
.
(3)
(a)
Each county clerk shall retain lists of currently registered voters.
(b)
The lieutenant governor shall maintain a list of registered voters in electronic form.
(c)
If there are any discrepancies between the two lists, the county clerk's list is the
official list.
(d)
The lieutenant governor and the county clerks may charge the fees established under
the authority of Subsection
63G-2-203(10)
to individuals who wish to obtain a copy
of the list of registered voters.
(4)
(a)
As used in this Subsection
(4)
, "qualified person" means:
(i)
a government official or government employee acting in the government official's
or government employee's capacity as a government official or a government
employee;
(ii)
a health care provider, as defined in Section
26B-8-501
, or an agent, employee, or
independent contractor of a health care provider;
(iii)
an insurance company, as defined in Section
67-4a-102
, or an agent, employee,
or independent contractor of an insurance company;
(iv)
a financial institution, as defined in Section
7-1-103
, or an agent, employee, or
independent contractor of a financial institution;
(v)
a political party, or an agent, employee, or independent contractor of a political
party;
(vi)
a candidate for public office, or an employee, independent contractor, or
volunteer of a candidate for public office;
(vii)
a person described in Subsections
(4)(a)(i)
through
(vi)
who, after obtaining a
year of birth from the list of registered voters:
(A)
provides the year of birth only to a person described in Subsections
(4)(a)(i)

through
(vi)
;
(B)
verifies that the person described in Subsection
(4)(a)(vii)(A)
is a person
described in Subsections
(4)(a)(i)
through
(vi)
;
(C)
ensures, using industry standard security measures, that the year of birth may
not be accessed by a person other than a person described in Subsections
(4)(a)(i)
through
(vi)
;
(D)
verifies that each person described in Subsections
(4)(a)(ii)
through
(iv)
to
whom the person provides the year of birth will only use the year of birth to
verify the accuracy of personal information submitted by an individual or to
confirm the identity of a person in order to prevent fraud, waste, or abuse;
(E)
verifies that each person described in Subsection
(4)(a)(i)
to whom the person
provides the year of birth will only use the year of birth in the person's capacity
as a government official or government employee; and
(F)
verifies that each person described in Subsection
(4)(a)(v)
or
(vi)
to whom the
person provides the year of birth will only use the year of birth for a political
purpose of the political party or candidate for public office; or
(viii)
a person described in Subsection
(4)(a)(v)
or
(vi)
who, after obtaining
information under Subsection
(4)(n)
and
(o)
:
(A)
provides the information only to another person described in Subsection
(4)(a)(v)
or
(vi)
;
(B)
verifies that the other person described in Subsection
(4)(a)(viii)(A)
is a
person described in Subsection
(4)(a)(v)
or
(vi)
;
(C)
ensures, using industry standard security measures, that the information may
not be accessed by a person other than a person described in Subsection
(4)(a)(v)
or
(vi)
; and
(D)
verifies that each person described in Subsection
(4)(a)(v)
or
(vi)
to whom the
person provides the information will only use the information for a political
purpose of the political party or candidate for public office.
(b)
Notwithstanding Subsection
63G-2-302(1)(j)(iv)
, and except as provided in
Subsection
63G-2-302(1)(k)
or
(l)
, the lieutenant governor or a county clerk shall,
when providing the list of registered voters to a qualified person under this section,
include, with the list, the years of birth of the registered voters, if:
(i)
the lieutenant governor or a county clerk verifies the identity of the person and
that the person is a qualified person; and
(ii)
the qualified person signs a document that includes the following:
(A)
the name, address, and telephone number of the person requesting the list of
registered voters;
(B)
an indication of the type of qualified person that the person requesting the list
claims to be;
(C)
a statement regarding the purpose for which the person desires to obtain the
years of birth;
(D)
a list of the purposes for which the qualified person may use the year of birth
of a registered voter that is obtained from the list of registered voters;
(E)
a statement that the year of birth of a registered voter that is obtained from the
list of registered voters may not be provided or used for a purpose other than a
purpose described under Subsection
(4)(b)(ii)(D)
;
(F)
a statement that if the person obtains the year of birth of a registered voter
from the list of registered voters under false pretenses, or provides or uses the
year of birth of a registered voter that is obtained from the list of registered
voters in a manner that is prohibited by law, is guilty of a class A misdemeanor
and is subject to a civil fine;
(G)
an assertion from the person that the person will not provide or use the year of
birth of a registered voter that is obtained from the list of registered voters in a
manner that is prohibited by law; and
(H)
notice that if the person makes a false statement in the document, the person is
punishable by law under Section
76-8-504
.
(c)
The lieutenant governor or a county clerk:
(i)
may not disclose the year of birth of a registered voter to a person that the
lieutenant governor or county clerk reasonably believes:
(A)
is not a qualified person or a person described in Subsection
(4)(l)
; or
(B)
will provide or use the year of birth in a manner prohibited by law; and
(ii)
may not disclose information under
Subsections
Subsection

(4)(n)
or
(o)
to a
person that the lieutenant governor or county clerk reasonably believes:
(A)
is not a person described in Subsection
(4)(a)(v)
or
(vi)
; or
(B)
will provide or use the information in a manner prohibited by law.
(d)
The lieutenant governor or a county clerk may not disclose the voter registration
form of a person, or information included in the person's voter registration form,
whose voter registration form is classified as private under Subsection
(4)(h)
to a
person other than:
(i)
a government official or government employee acting in the government official's
or government employee's capacity as a government official or government
employee; or
(ii)
subject to Subsection
(4)(e)
, a person described in Subsection
(4)(a)(v)
or
(vi)
for
a political purpose.
(e)
(i)
Except as provided in Subsection
(4)(e)(ii)
, when disclosing a record or
information under Subsection
(4)(d)(ii)
, the lieutenant governor or county clerk
shall exclude the information described in Subsection
63G-2-302(1)(j)
, other than
the year of birth.
(ii)
If disclosing a record or information under Subsection
(4)(d)(ii)
in relation to the
voter registration record of a protected individual, the lieutenant governor or
county clerk shall comply with Subsections
(4)(n)
through
(p)
.
(f)
The lieutenant governor or a county clerk may not disclose a withholding request
form, described in Subsections
(7)
and
(8)
, submitted by an individual, or information
obtained from that form, to a person other than a government official or government
employee acting in the government official's or government employee's capacity as a
government official or government employee.
(g)
A person is guilty of a class A misdemeanor if the person:
(i)
obtains from the list of registered voters, under false pretenses, the year of birth of
a registered voter or information described in Subsection
(4)(n)
or
(o)
;
(ii)
uses or provides the year of birth of a registered voter, or information described in
Subsection
(4)(n)
or
(o)
, that is obtained from the list of registered voters in a
manner that is not permitted by law;
(iii)
obtains a voter registration record described in Subsection
63G-2-302(1)(k)

under false pretenses;
(iv)
uses or provides information obtained from a voter registration record described
in Subsection
63G-2-302(1)(k)
in a manner that is not permitted by law;
(v)
unlawfully discloses or obtains a voter registration record withheld under
Subsection
(7)
or a withholding request form described in Subsections
(7)
and
(8)
;
or
(vi)
unlawfully discloses or obtains information from a voter registration record
withheld under Subsection
(7)
or a withholding request form described in
Subsections
(7)
and
(8)
.
(h)
The lieutenant governor or a county clerk shall classify the voter registration record
of a voter as a private record if the voter:
(i)
submits a written application, created by the lieutenant governor, requesting that
the voter's voter registration record be classified as private;
(ii)
requests on the voter's voter registration form that the voter's voter registration
record be classified as a private record; or
(iii)
submits a withholding request form described in Subsection
(7)
(8)
and any
required verification.
(i)
Except as provided in Subsections
(4)(d)(ii)
and
(e)(ii)
, the lieutenant governor or a
county clerk may not disclose to a person described in Subsection
(4)(a)(v)
or
(vi)
a
voter registration record, or information obtained from a voter registration record, if
the record is withheld under Subsection
(7)
.
(j)
In addition to any criminal penalty that may be imposed under this section, the
lieutenant governor may impose a civil fine against a person who violates a provision
of this section, in an amount equal to the greater of:
(i)
the product of 30 and the square root of the total number of:
(A)
records obtained, provided, or used unlawfully, rounded to the nearest whole
dollar; or
(B)
records from which information is obtained, provided, or used unlawfully,
rounded to the nearest whole dollar; or
(ii)
$200.
(k)
A qualified person may not obtain, provide, or use the year of birth of a registered
voter, if the year of birth is obtained from the list of registered voters or from a voter
registration record, unless the person:
(i)
is a government official or government employee who obtains, provides, or uses
the year of birth in the government official's or government employee's capacity
as a government official or government employee;
(ii)
is a qualified person described in Subsection
(4)(a)(ii)
,
(iii)
, or
(iv)
and obtains or
uses the year of birth only to verify the accuracy of personal information
submitted by an individual or to confirm the identity of a person in order to
prevent fraud, waste, or abuse;
(iii)
is a qualified person described in Subsection
(4)(a)(v)
or
(vi)
and obtains,
provides, or uses the year of birth for a political purpose of the political party or
candidate for public office; or
(iv)
is a qualified person described in Subsection
(4)(a)(vii)
and obtains, provides, or
uses the year of birth to provide the year of birth to another qualified person to
verify the accuracy of personal information submitted by an individual or to
confirm the identity of a person in order to prevent fraud, waste, or abuse.
(l)
The lieutenant governor or a county clerk may provide a year of birth to a member of
the media, in relation to an individual designated by the member of the media, in
order for the member of the media to verify the identity of the individual.
(m)
A person described in Subsection
(4)(a)(v)
or
(vi)
may not use or disclose
information from a voter registration record for a purpose other than a political
purpose.
(n)
Notwithstanding Subsection
63G-2-302(1)(k)
or
(l)
, the lieutenant governor or a
county clerk shall, when providing the list of registered voters to a qualified person
described in Subsection
(4)(a)(v)
or
(vi)
, include, from the record of a voter whose
record is withheld under Subsection
(7)
, the information described in Subsection
(4)(o)
, if:
(i)
the lieutenant governor or a county clerk verifies the identity of the person and
that the person is a qualified person described in Subsection
(4)(a)(v)
or
(vi)
; and
(ii)
the qualified person described in Subsection
(4)(a)(v)
or
(vi)
signs a document
that includes the following:
(A)
the name, address, and telephone number of the person requesting the list of
registered voters;
(B)
an indication of the type of qualified person that the person requesting the list
claims to be;
(C)
a statement regarding the purpose for which the person desires to obtain the
information;
(D)
a list of the purposes for which the qualified person may use the information;
(E)
a statement that the information may not be provided or used for a purpose
other than a purpose described under Subsection
(4)(n)(ii)(D)
;
(F)
a statement that if the person obtains the information under false pretenses, or
provides or uses the information in a manner that is prohibited by law, the
person is guilty of a class A misdemeanor and is subject to a civil fine;
(G)
an assertion from the person that the person will not provide or use the
information in a manner that is prohibited by law; and
(H)
notice that if the person makes a false statement in the document, the person is
punishable by law under Section
76-8-504
.
(o)
Except as provided in Subsection
(4)(p)
, the information that the lieutenant governor
or a county clerk is required to provide, under Subsection
(4)(n)
, from the record of a
protected individual is:
(i)
a single hash code, generated from a string of data that includes both the voter's
voter identification number and residential address;
(ii)
the voter's residential address;
(iii)
the voter's mailing address, if different from the voter's residential address;
(iv)
the party affiliation of the voter;
(v)
the precinct number for the voter's residential address;
(vi)
the voter's voting history; and
(vii)
a designation of which age group, of the following age groups, the voter falls
within:
(A)
25 or younger;
(B)
26 through 35;
(C)
36 through 45;
(D)
46 through 55;
(E)
56 through 65;
(F)
66 through 75; or
(G)
76 or older.
(p)
The lieutenant governor or a county clerk may not disclose:
(i)
information described in Subsection
(4)(o)
that, due to a small number of voters
affiliated with a particular political party, or due to another reason, would likely
reveal the identity of a voter if disclosed; or
(ii)
the address described in Subsection
(4)(o)(iii)
if the lieutenant governor or the
county clerk determines that the nature of the address would directly reveal
sensitive information about the voter.
(q)
A qualified person described in Subsection
(4)(a)(v)
or
(vi)
, may not obtain, provide,
or use the information described in Subsection
(4)(n)
or
(o)
, except to the extent that
the qualified person uses the information for a political purpose of a political party or
candidate for public office.
(5)
When political parties not listed on the voter registration form qualify as registered
political parties under Chapter 8, Political Party Formation and Procedures, the
lieutenant governor shall inform the county clerks of the name of the new political party
and direct the county clerks to ensure that the voter registration form is modified to
include that political party.
(6)
Upon receipt of a voter registration form from an applicant, the county clerk or the
clerk's designee shall:
(a)
review each voter registration form for completeness and accuracy; and
(b)
if the county clerk believes, based upon a review of the form, that an individual may
be seeking to register or preregister to vote who is not legally entitled to register or
preregister to vote, refer the form to the county attorney for investigation and
possible prosecution.
(7)
The lieutenant governor or a county clerk shall withhold from a person, other than a
person described in Subsection
(4)(a)(i)
, the voter registration record, and information
obtained from the voter registration record, of a protected individual.
(8)
(a)
The lieutenant governor shall design and distribute a withholding request form for
the purpose described in Subsections
(1)(e)(i)
, (1)(e)(ii),
(7)
, and this Subsection
(8)

to each election officer and to each agency that provides a voter registration form.
(b)
An individual described in Subsection
(1)(e)(i)
is not required to provide
verification, other than the individual's attestation and signature on the withholding
request form, that the individual, or an individual who resides with the individual, is a
victim of domestic violence or dating violence or is likely to be a victim of domestic
violence or dating violence.
(c)
The director of elections within the Office of the Lieutenant Governor shall make
rules, in accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
,
establishing requirements for providing the verification described in Subsection
(1)(e)(ii)
.
(9)
An election officer or an employee of an election officer may not encourage an
individual to submit, or discourage an individual from submitting, a withholding request
form.
(10)
(a)
The lieutenant governor shall make and execute a plan to provide notice to
registered voters who are protected individuals, that includes the following
information:
(i)
that the voter's classification of the record as private remains in effect;
(ii)
that certain non-identifying information from the voter's voter registration record
may, under certain circumstances, be released to political parties and candidates
for public office;
(iii)
that the voter's name, driver license or identification card number, social security
number, email address, phone number, and the voter's day, month, and year of
birth will remain private and will not be released to political parties or candidates
for public office;
(iv)
that a county clerk will only release the information to political parties and
candidates in a manner that does not associate the information with a particular
voter; and
(v)
that a county clerk may, under certain circumstances, withhold other information
that the county clerk determines would reveal identifying information about the
voter.
(b)
The lieutenant governor may include in the notice described in this Subsection
(10)
a
statement that a voter may obtain additional information on the lieutenant governor's
website.
(c)
The plan described in Subsection
(10)(a)
may include providing the notice described
in Subsection
(10)(a)
by:
(i)
publication on the Utah Public Notice Website, created in Section
63A-16-601
;
(ii)
publication on the lieutenant governor's website or a county's website;
(iii)
posting the notice in public locations;
(iv)
publication in a newspaper;
(v)
sending notification to the voters by electronic means;
(vi)
sending notice by other methods used by government entities to communicate
with citizens; or
(vii)
providing notice by any other method.
(d)
The lieutenant governor shall provide the notice included in a plan described in this
Subsection
(10)
before June 16, 2023.
Section 9. Section
20A-2-107
is amended to read:
20A-2-107
. Designating or changing party affiliation -- Times permitted.
(1)
As used in this section, "change of affiliation deadline" means:
(a)
for an election held in an even-numbered year in which a presidential election will be
held, the day after the declaration of candidacy deadline described in Subsection
20A-9-201.5(1)
20A-9-201.5(1)(b)
; or
(b)
for an election held in an even-numbered year in which a presidential election will
not be held, April 1.
(2)
The county clerk shall:
(a)
except as provided in Subsection
(6)
or
20A-2-107.5(3)
, record the party affiliation
designated by the voter on the voter registration form as the voter's party affiliation; or
(b)
if no political party affiliation is designated by the voter on the voter registration
form:
(i)
except as provided in Subsection
(2)(b)(ii)
, record the voter's party affiliation as
the party that the voter designated the last time that the voter designated a party on
a voter registration form, unless the voter more recently registered as
"unaffiliated"; or
(ii)
record the voter's party affiliation as "unaffiliated" if the voter:
(A)
did not previously designate a party;
(B)
most recently designated the voter's party affiliation as "unaffiliated"; or
(C)
did not previously register.
(3)
(a)
Any registered voter may designate or change the voter's political party affiliation
by complying with the procedures and requirements of this Subsection
(3)
.
(b)
A registered voter may designate or change the voter's political party affiliation by
filing with the county clerk, the municipal clerk, or the lieutenant governor a voter
registration form or another signed form that identifies the registered political party
with which the voter chooses to affiliate.
(c)
Except as provided in Subsection
(3)(d)
, a voter registration form or another signed
form designating or changing a voter's political party affiliation takes effect when the
county clerk receives the signed form.
(d)
The party affiliation of a voter who changes party affiliation, or who becomes
unaffiliated from a political party, at any time on or after the change of affiliation
deadline and on or before the date of the regular primary election, takes effect the day
after the statewide canvass for the regular primary election.
(4)
For purposes of Subsection
(3)(d)
, a form described in Subsection
(3)(c)
is received by
the county clerk before the change of affiliation deadline if:
(a)
the individual submits the form in person at the county clerk's office no later than 5
p.m. on the last business day before the change of affiliation deadline;
(b)
the individual submits the form electronically through the system described in
Section
20A-2-206
, at or before 11:59 p.m. before the day of the change of affiliation
deadline; or
(c)
the individual's form is clearly postmarked before the change of affiliation deadline.
(5)
Subsection
(3)(d)
does not apply to the party affiliation designated by a voter on a voter
registration form if:
(a)
the voter has not previously been registered to vote in the state; or
(b)
the voter's most recent party affiliation was changed to "unaffiliated" by a county
clerk under Subsection
(6)
.
(6)
If the most recent party affiliation designated by a voter is for a political party that is no
longer a registered political party, the county clerk shall:
(a)
change the voter's party affiliation to "unaffiliated"; and
(b)
notify the voter electronically or by mail:
(i)
that the voter's affiliation has been changed to "unaffiliated" because the most
recent party affiliation designated by the voter is for a political party that is no
longer a registered political party; and
(ii)
of the methods and deadlines for changing the voter's party affiliation.
Section 10. Section
20A-5-101
is amended to read:
20A-5-101
. Notice of election.
(1)
On or before November 15 in the year before each regular general election year, the
lieutenant governor shall prepare and transmit a written notice to each county clerk that:
(a)
designates the offices to be filled at the next year's regular general election;
(b)
identifies the dates for filing a declaration of candidacy, and for submitting and
certifying nomination petition signatures, as applicable, under Sections
20A-9-403
,
20A-9-407
, and
20A-9-408
20A-9-202
and
20A-9-202.3
for those offices; and
(c)
contains a description of any ballot propositions to be decided by the voters that have
qualified for the ballot as of that date.
(2)
(a)
No later than seven business days after the day on which the lieutenant governor
transmits the written notice described in Subsection
(1)
, each county clerk shall
provide notice for the county, as a class A notice under Section
63G-30-102
, for
seven business days before the day of the election and in accordance with Subsection
(3)
.
(b)
The county clerk shall prepare an affidavit of the posting under Subsection
(2)(a)
,
showing a copy of the notice and the places where the notice was posted.
(3)
The notice described in Subsection
(2)
shall:
(a)
designate the offices to be voted on in that election; and
(b)
identify the dates for filing a declaration of candidacy for those offices.
(4)
Except as provided in Subsection
(6)
, before each election, the election officer shall give
printed notice of the following information:
(a)
the date of election;
(b)
the hours during which the polls will be open;
(c)
the polling places for each voting precinct, early voting polling place, and election
day voting center;
(d)
the address of the Statewide Electronic Voter Information Website and, if available,
the address of the election officer's website, with a statement indicating that the
election officer will post on the website any changes to the location of a polling place
and the location of any additional polling place;
(e)
a phone number that a voter may call to obtain information regarding the location of
a polling place;
(f)
the qualifications for persons to vote in the election: and
(g)
instructions regarding how an individual with a disability, who is not able to vote a
manual ballot by mail, may obtain information on voting in an accessible manner.
(5)
The election officer shall provide the notice described in Subsection
(4)
for the
jurisdiction, as a class A notice under Section
63G-30-102
, for at least seven business
days before the day of the election.
(6)
Instead of including the information described in Subsection
(4)
in the notice, the
election officer may give printed notice that:
(a)
is entitled "Notice of Election";
(b)
includes the following: "A [indicate election type] will be held in [indicate the
jurisdiction] on [indicate date of election]. Information relating to the election,
including polling places, polling place hours, and qualifications of voters may be
obtained from the following sources:"; and
(c)
specifies the following sources where an individual may view or obtain the
information described in Subsection
(4)
:
(i)
if the jurisdiction has a website, the jurisdiction's website;
(ii)
the physical address of the jurisdiction offices; and
(iii)
a mailing address and telephone number.
Section 11. 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)
;
(a)
candidates of a primary nominating party who are, in accordance with Sections
20A-9-402.3
and
20A-9-403
, nominated to advance to the regular general election
ballot appear on the general election ballot in association with the name of the
primary nominating party;
(b)
except as provided in Subsection
20A-9-402.2(4)
in relation to an election for
president and vice president of the United States, candidates of a convention
nominating party who are, in accordance with Section
20A-9-402.4
, nominated to be
placed on the regular general election ballot appear on the ballot without any
indication of association with the convention nominating party;
(b)
(c)
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)
(d)
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
primary nominating
party
to advance to the general election
in accordance
with
Subsection
20A-9-202(4)
or Subsection
20A-9-403(5)
Sections
20A-9-402.3

and
20A-9-403
, 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)
(e)
each ticket containing the lists of candidates, including the party name and
device, are separated by heavy parallel lines;
(e)
(f)
the offices to be filled are plainly printed immediately above the names of the
candidates for those offices;
(f)
(g)
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)
(h)
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)
a primary nominating party to advance to
the general election ballot in accordance with Sections
20A-9-402.3
and
20A-9-403
,
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 12. 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)
primary nominating party
under Sections
20A-9-202.3
and
20A-9-403
;
(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 13. 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)
primary
nominating party under Sections
20A-9-202.4
and
20A-9-403
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 14. Section
20A-8-103
is amended to read:
20A-8-103
. Petition procedures -- Criminal penalty -- Removal of signature.
(1)
As used in this section, the proposed name or emblem of a registered political party is
"distinguishable" if a reasonable person of average intelligence will be able to perceive a
difference between the proposed name or emblem and any name or emblem currently
being used by another registered political party.
(2)
To become a registered political party, an organization of registered voters that is not a
continuing political party shall:
(a)
circulate a petition seeking registered political party status beginning no earlier than
the date of the statewide canvass held after the last regular general election and
ending before 5 p.m. no later than November 30 of the year before the year in which
the next regular general election will be held;
(b)
file a petition with the lieutenant governor that is signed, with a holographic
signature, by at least 2,000 registered voters before 5 p.m. no later than November 30
of the year in which a regular general election will be held; and
(c)
file, with the petition described in Subsection
(2)(b)
,
a document certifying:
the
certification required in Subsection
20A-9-402.1(1)
and, if applicable, Subsection
20A-9-402.1(3)
.
(i)
the identity of one or more registered political parties whose members may vote
for the organization's candidates;
(ii)
whether unaffiliated voters may vote for the organization's candidates; and
(iii)
whether, for the next election, the organization intends to nominate the
organization's candidates in accordance with the provisions of Section
20A-9-406
.
(3)
The petition shall:
(a)
be on sheets of paper 8-1/2 inches long and 11 inches wide;
(b)
be ruled with a horizontal line 3/4 inch from the top, with the space above that line
blank for the purpose of binding;
(c)
contain the name of the political party and the words "Political Party Registration
Petition" printed directly below the horizontal line;
(d)
contain the word "Warning" printed directly under the words described in Subsection
(3)(c)
;
(e)
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 political party registration
petition signature sheet with any name other than the individual's own name or more than once
for the same party or if the individual is not registered to vote in this state and does not intend
to become registered to vote in this state before the petition is submitted to the lieutenant
governor.";
(f)
contain the following statement directly under the statement described in Subsection
(3)(e)
:
"POLITICAL PARTY REGISTRATION PETITION To the Honorable ____,
Lieutenant Governor:
We, the undersigned citizens of Utah, seek registered political party status for ____
(name);
Each signer says:
I have personally signed this petition with a holographic signature;
I am registered to vote in Utah or will register to vote in Utah before the petition is
submitted to the lieutenant governor;
I am or desire to become a member of the political party; and
My street address is written correctly after my name.";
(g)
be vertically divided into columns as follows:
(i)
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;
(ii)
the next column shall be 2-1/2 inches wide, headed "Registered Voter's Printed
Name (must be legible to be counted)";
(iii)
the next column shall be 2-1/2 inches wide, headed "Holographic Signature of
Registered Voter";
(iv)
the next column shall be one inch wide, headed "Birth Date or Age (Optional)";
(v)
the final column shall be 4-3/8 inches wide, headed "Street Address, City, Zip
Code"; and
(vi)
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.";
(h)
have a final page bound to one or more signature sheets that are bound together that
contains 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
individuals who professed to be the individuals whose names appear on the signature sheets,
and each individual signed the individual's name on the signature sheets in my presence;
I believe that each individual has printed and signed the individual's name and written
the individual's street address correctly, and that each individual is registered to vote in Utah or
will register to vote in Utah before the petition is submitted to the lieutenant governor.
______________________________________________________________________
(Signature)
(Residence Address)
(Date)"; and
(i)
be bound to a cover sheet that:
(i)
identifies the political party's name, which may not exceed four words, and the
emblem of the party;
(ii)
states the process that the organization will follow to organize and adopt a
constitution and bylaws; and
(iii)
is signed by a filing officer, who agrees to receive communications on behalf of
the organization.
(4)
The filing officer described in Subsection
(3)(i)(iii)
shall ensure that the individual in
whose presence each signature sheet is signed:
(a)
is at least 18 years old; and
(b)
verifies each signature sheet by completing the verification bound to one or more
signature sheets that are bound together.
(5)
An individual may not sign the verification if the individual signed a signature sheet
bound to the verification.
(6)
The lieutenant governor shall:
(a)
use the procedures described in Section
20A-1-1002
to determine whether a signer is
a registered voter;
(b)
review the proposed name and emblem to determine if they are "distinguishable"
from the names and emblems of other registered political parties; and
(c)
certify the lieutenant governor's findings to the filing officer described in Subsection
(3)(i)(iii)
within 30 calendar days after the day on which the organization files the
petition described in Subsection
(2)(b)
.
(7)
(a)
If the lieutenant governor determines that the petition meets the requirements of
this section, and that the proposed name and emblem are distinguishable, the
lieutenant governor shall authorize the filing officer described in Subsection
(3)(i)(iii)

to organize the prospective political party.
(b)
If the lieutenant governor finds that the name, emblem, or both are not
distinguishable from the names and emblems of other registered political parties, the
lieutenant governor shall notify the filing officer that the filing officer has seven
calendar days to electronically submit a new name or emblem to the lieutenant
governor.
(8)
A registered political party may not change its name or emblem during the regular
general election cycle.
(9)
(a)
It is unlawful for an individual to:
(i)
knowingly sign a political party registration petition:
(A)
with any name other than the individual's own name;
(B)
more than once for the same political party; or
(C)
if the individual is not registered to vote in this state and does not intend to
become registered to vote in this state before the petition is submitted to the
lieutenant governor; or
(ii)
sign the verification of a political party registration petition signature sheet if the
individual:
(A)
has not witnessed the signing by those individuals whose names appear on the
political party registration petition signature sheet; or
(B)
knows that an individual whose signature appears on the political party
registration petition signature sheet is not registered to vote in this state and
does not intend to become registered to vote in this state.
(b)
An individual who violates this Subsection
(9)
is guilty of a class A misdemeanor.
(10)
(a)
A voter who signs a petition under this section may have the voter's signature
removed from the petition by, no later than three business days after the day on
which the petition is filed with the lieutenant governor, submitting to the lieutenant
governor 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 lieutenant governor shall use the procedures described in Subsection
20A-1-1003(3)
to determine whether to remove an individual's signature from a
petition after receiving a timely, valid statement requesting removal of the signature.
Section 15. Section
20A-9-101
is amended to read:
20A-9-101
. Definitions.
As used in this chapter:
(1)
(a)
"Candidates for elective office" means persons who file a declaration of candidacy
under Section
20A-9-202
to run in a regular general election for a federal office,
constitutional office, multicounty office, or county office.
(b)
"Candidates for elective office" does not mean candidates for:
(i)
justice or judge of court of record or not of record;
(ii)
presidential elector;
(iii)
any political party offices; and
(iv)
municipal or special district offices.
(2)
"Constitutional office" means the state offices of governor, lieutenant governor, attorney
general, state auditor, and state treasurer.
(3)
"Continuing political party" means the same as that term is defined in Section
20A-8-101
.
(4)
"Convention nominating party" means a registered political party that:
(a)
timely makes the certification described in Subsection
20A-9-402.1(1)(b)
; or
(b)
fails to timely make a certification described in Subsection
20A-9-402.1(1)
.
(4)
(5)
(a)
"County office" means an elective office where the officeholder is selected by
voters entirely within one county.
(b)
"County office" does not mean:
(i)
the office of justice or judge of any court of record or not of record;
(ii)
the office of presidential elector;
(iii)
any political party offices;
(iv)
any municipal or special district offices; and
(v)
the office of United States Senator and United States Representative.
(5)
(6)
"Electronic candidate qualification process" means
:
(a)
as it relates to a registered political party that is not a qualified political party,
the
process for gathering signatures electronically to seek the nomination of a
registered
political
primary nominating
party, described in:
(a)
Section
20A-9-202.3
;
(i)
(b)
Section
20A-9-403
;
and
(ii)
Section
20A-9-405
, except Subsections
20A-9-405(3)
and
(5)
; and
(iii)
(c)
Section
20A-21-201
; and
.
(b)
as it relates to a qualified political party, the process, for gathering signatures
electronically to seek the nomination of a registered political party, described in:
(i)
Section
20A-9-405
, except Subsections
20A-9-405(3)
and
(5)
;
(ii)
Section
20A-9-408
; and
(iii)
Section
20A-21-201
.
(6)
(7)
"Federal office" means an elective office for United States Senator and United
States Representative.
(7)
(8)
"Filing officer" means:
(a)
the lieutenant governor, for:
(i)
the office of United States Senator and United States Representative; and
(ii)
all constitutional offices;
(b)
for the office of a state senator, state representative, or the state school board, the
lieutenant governor or the applicable clerk described in Subsection
(7)(c)
or (d)
(8)(c) or (d)
;
(c)
the county clerk, for county offices and local school district offices;
(d)
the county clerk in the filer's county of residence, for multicounty offices;
(e)
the city or town clerk, for municipal offices; or
(f)
the special district clerk, for special district offices.
(8)
(9)
"Local government office" includes county offices, municipal offices, and special
district offices and other elective offices selected by the voters from a political division
entirely within one county.
(9)
(10)
"Manual candidate qualification process" means the process for gathering
signatures to seek the nomination of a registered political party, using paper signature
packets that a signer physically signs.
(10)
(11)
(a)
"Multicounty office" means an elective office where the officeholder is
selected by the voters from more than one county.
(b)
"Multicounty office" does not mean:
(i)
a county office;
(ii)
a federal office;
(iii)
the office of justice or judge of any court of record or not of record;
(iv)
the office of presidential elector;
(v)
any political party offices; or
(vi)
any municipal or special district offices.
(11)
(12)
"Municipal office" means an elective office in a municipality.
(12)
(13)
(a)
"Political division" means a geographic unit from which an officeholder is
elected and that an officeholder represents.
(b)
"Political division" includes a county, a city, a town, a special district, a school
district, a legislative district, and a county prosecution district.
(13)
"Qualified political party" means a registered political party that:
(a)
(i)
permits a delegate for the registered political party to vote on a candidate
nomination in the registered political party's convention remotely; or
(ii)
provides a procedure for designating an alternate delegate if a delegate is not
present at the registered political party's convention;
(b)
does not hold the registered political party's convention before the fourth Saturday
in March of an even-numbered year;
(c)
permits a member of the registered political party to seek the registered political
party's nomination for any elective office by the member choosing to seek the
nomination by either or both of the following methods:
(i)
seeking the nomination through the registered political party's convention
process, in accordance with the provisions of Section
20A-9-407
; or
(ii)
seeking the nomination by collecting signatures, in accordance with the
provisions of Section
20A-9-408
; and
(d)
(i)
if the registered political party is a continuing political party, no later than 5
p.m. on the first Monday of October of an odd-numbered year, certifies to the
lieutenant governor that, for the election in the following year, the registered
political party intends to nominate the registered political party's candidates in
accordance with the provisions of Section
20A-9-406
; or
(ii)
if the registered political party is not a continuing political party, certifies at the
time that the registered political party files the petition described in Section
20A-8-103
that, for the next election, the registered political party intends to
nominate the registered political party's candidates in accordance with the
provisions of Section
20A-9-406
.
(14)
"Primary nominating party" means a registered political party that timely makes the
certification described in Subsection
20A-9-402.1(1)(a)
.
(15)
"Qualified individual" means an individual who:
(a)
meets or, if applicable, will timely meet the qualifications for the office for which the
individual is seeking the nomination of a registered political party;
(b)
(i)
is a member of the registered political party for which the individual is seeking
the nomination; or
(ii)
if the individual is not a member described in Subsection
(15)(b)(i)
, is permitted
by the registered political party to seek the party's nomination; and
(c)
meets or, if applicable, will timely meet the residency requirements for the office for
which the individual is seeking the nomination.
(14)
(16)
"Signature," as it relates to a petition for a candidate to seek the nomination of a
registered political party, means:
(a)
when using the manual candidate qualification process, a holographic signature
collected physically on a nomination petition described in
Subsection
20A-9-405(3)
Section
20A-9-202.3
; or
(b)
when using the electronic candidate qualification process:
(i)
an electronic signature collected under Subsection
20A-21-201(6)(c)(ii)(A)
; or
(ii)
a holographic signature collected electronically under Subsection
20A-21-201(6)(c)(ii)(B)
.
(15)
(17)
"Special district office" means an elected office in a special district.
Section 16. Section
20A-9-201
is amended to read:
20A-9-201
. Declarations of candidacy -- Candidacy for more than one office or
of more than one political party prohibited with exceptions -- General filing and form
requirements -- Affidavit of impecuniosity.
(1)
Before filing a declaration of candidacy for election to any office, an individual shall:
(a)
be a United States citizen;
and
(b)
meet the legal requirements of that office
; and
.
(c)
if seeking a registered political party's nomination as a candidate for elective office,
state:
(i)
the registered political party of which the individual is a member; or
(ii)
that the individual is not a member of a registered political party.
(2)
(a)
Except as provided in Subsection
(2)(b)
, an individual may not:
(i)
file a declaration of candidacy for, or be a candidate for, more than one office in
Utah during any election year;
(ii)
appear on the ballot as the candidate of more than one political party; or
(iii)
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 in the registered political party's bylaws.
(b)
(i)
An individual may file a declaration of candidacy for, or be a candidate for,
president or vice president of the United States and another office, if the
individual resigns the individual's candidacy for the other office after the
individual is officially nominated for president or vice president of the United
States.
(ii)
An individual may file a declaration of candidacy for, or be a candidate for, more
than one justice court judge office.
(iii)
An individual may file a declaration of candidacy for lieutenant governor even if
the individual filed a declaration of candidacy for another office in the same
election year if the individual withdraws as a candidate for the other office in
accordance with Subsection
20A-9-202(6)
before filing the declaration of
candidacy for lieutenant governor.
(iv)
For the 2026 election year only, an individual who files a declaration of
candidacy to seek the nomination of a qualified political party for constitutional
office, multicounty office, or county office:
(A)
may also be a candidate for United States representative;
(B)
may, if the individual desires to use the signature-gathering process to qualify
for the primary election ballot for the office of United States representative, file
a notice of intent to gather signatures for, and gather signatures for, that office;
and
(C)
shall, before filing a declaration of candidacy for the office of United States
representative, withdraw as a candidate for the constitutional office,
multicounty office, or county office for which the individual filed a declaration
of candidacy.
(3)
(a)
Except for a candidate for president or vice president of the United States, before
the filing officer may accept any declaration of candidacy, the filing officer shall:
(i)
read to the individual the constitutional and statutory qualification requirements
for the office that the individual is seeking;
(ii)
require the individual to state whether the individual meets the requirements
described in Subsection
(3)(a)(i)
;
(iii)
if the declaration of candidacy is for a county office, inform the individual that
an individual who holds a county elected office may not, at the same time, hold a
municipal elected office; and
(iv)
if the declaration of candidacy is for a legislative office, inform the individual
that Utah Constitution, Article VI, Section 6, prohibits a person who holds a
public office of profit or trust, under authority of the United States or Utah, from
being a member of the Legislature.
(b)
(i)
Before accepting a declaration of candidacy for the office of county attorney,
the county clerk shall ensure that the individual filing that declaration of
candidacy is:
(A)
a United States citizen;
(B)
an attorney licensed to practice law in the state who is an active member in
good standing of the Utah State Bar;
(C)
a registered voter in the county in which the individual is seeking office; and
(D)
a current resident of the county in which the individual is seeking office and
either has been a resident of that county for at least one year before the date of
the election or was appointed and is currently serving as county attorney and
became a resident of the county within 30 calendar days after appointment to
the office.
(ii)
An individual filing a declaration of candidacy for the office of county attorney
shall submit with the individual's declaration:
(A)
a letter from the Utah Supreme Court, affirming that the individual is an
attorney in good standing;
(B)
proof of the individual's application with the Utah State Bar, with an affidavit
describing the status of the individual's application; or
(C)
an affidavit describing how the individual intends to comply with the
requirements for office of county attorney described in Subsection
(3)(b)(i)
,
prior to
before
taking office.
(iii)
In addition to the requirements described in Subsection
(3)(b)(ii)
, an individual
shall also provide the filing officer with the individual's license number with:
(A)
the Utah State Bar, if the individual is a member; or
(B)
any other state bar association, if the individual is a member.
(c)
(i)
Before accepting a declaration of candidacy for the office of district attorney,
the county clerk shall ensure that, as of the date of the election, the individual
filing that declaration of candidacy is:
(A)
a United States citizen;
(B)
an attorney licensed to practice law in the state who is an active member in
good standing of the Utah State Bar;
(C)
a registered voter in the prosecution district in which the individual is seeking
office; and
(D)
a current resident of the prosecution district in which the individual is seeking
office and either will have been a resident of that prosecution district for at
least one year before the date of the election or was appointed and is currently
serving as district attorney or county attorney and became a resident of the
prosecution district within 30 calendar days after receiving appointment to the
office.
(ii)
An individual filing a declaration of candidacy for the office of district attorney
shall submit with the individual's declaration:
(A)
a letter from the Utah Supreme Court, affirming that the individual is an
attorney in good standing;
(B)
proof of the individual's application with the Utah State Bar, with an affidavit
describing the status of the individual's application; or
(C)
an affidavit describing how the individual intends to comply with the
requirements for office of district attorney described in Subsection
(3)(c)(i)
,
prior to
before
taking office.
(iii)
In addition to the requirements described in Subsection
(3)(c)(ii)
, an individual
shall also provide the filing officer with the individual's license number with:
(A)
the Utah State Bar, if the individual is a member; or
(B)
any other state bar association, if the individual is a member.
(d)
Before accepting a declaration of candidacy for the office of county sheriff, the
county clerk shall ensure that the individual filing the declaration:
(i)
is a United States citizen;
(ii)
is a registered voter in the county in which the individual seeks office;
(iii)
(A)
has successfully met the standards and training requirements established
for law enforcement officers under Title 53, Chapter 6, Part 2, Peace Officer
Training and Certification Act; or
(B)
has met the waiver requirements in Section
53-6-206
;
(iv)
is qualified to be certified as a law enforcement officer, as defined in Section
53-13-103
; and
(v)
before the date of the election, will have been a resident of the county in which
the individual seeks office for at least one year.
(e)
(i)
An individual filing a declaration of candidacy for the office of attorney general
shall submit with the individual's declaration:
(A)
a letter from the Utah Supreme Court, affirming that the individual is an
attorney in good standing;
(B)
proof of the individual's application with the Utah State Bar, with an affidavit
describing the status of the individual's application; or
(C)
an affidavit describing how the individual intends to comply with the
requirements for office of attorney general, described in
Utah Constitution,
Article VII, Sec. 3,
Utah Constitution, prior to
before
taking office.
(ii)
In addition to the requirements described in Subsection
(3)(e)(i)
, an individual
shall also provide the filing officer with the individual's license number with:
(A)
the Utah State Bar, if the individual is a member; or
(B)
any other state bar association, if the individual is a member.
(iii)
An individual filing the declaration of candidacy for the office of attorney
general shall also make the conflict of interest disclosure described in Section
20A-11-1603
.
(f)
Before accepting a declaration of candidacy for the office of governor, lieutenant
governor, state auditor, state treasurer, state legislator, or State Board of Education
member, the filing officer shall ensure that the individual filing the declaration of
candidacy also makes the conflict of interest disclosure described in Section
20A-11-1603
.
(4)
If an individual who files a declaration of candidacy does not meet the qualification
requirements for the office the individual is seeking, the filing officer may not accept the
individual's declaration of candidacy.
(5)
If an individual who files a declaration of candidacy meets the requirements described
in Subsection
(3)
, the filing officer shall:
(a)
inform the individual that:
(i)
subject to Section
20A-6-109
, the individual's name will appear on the ballot as
the individual's name is written on the individual's declaration of candidacy;
(ii)
the individual may be required to comply with state or local campaign finance
disclosure laws; and
(iii)
the individual is required to file a financial statement before the individual's
political convention under:
(A)
Section
20A-11-204
for a candidate for constitutional office;
(B)
Section
20A-11-303
for a candidate for the Legislature; or
(C)
local campaign finance disclosure laws, if applicable;
(b)
except for a presidential candidate, provide the individual with a copy of the current
campaign financial disclosure laws for the office the individual is seeking and inform
the individual that failure to comply will result in disqualification as a candidate and
removal of the individual's name from the ballot;
(c)
(i)
provide the individual with a copy of Section
20A-7-801
regarding the
Statewide Electronic Voter Information Website Program and inform the
individual of the submission deadline under Subsection
20A-7-801(4)(a)
;
(ii)
inform the individual that the individual must provide the filing officer with an
email address that the individual actively monitors:
(A)
to receive a communication from a filing officer or an election officer; and
(B)
if the individual wishes to display a candidate profile on the Statewide
Electronic Voter Information Website, to submit to the website the
biographical and other information described in Subsection
20A-7-801(4)(a)(ii)
;
(iii)
inform the individual that the email address described in Subsection
(5)(c)(ii)
is
not a record under Title 63G, Chapter 2, Government Records Access and
Management Act; and
(iv)
obtain from the individual the email address described in Subsection
(5)(c)(ii)
;
(d)
provide the candidate with a copy of the pledge of fair campaign practices described
under Section
20A-9-206
and inform the candidate that:
(i)
signing the pledge is voluntary; and
(ii)
signed pledges shall be filed with the filing officer;
(e)
accept the individual's declaration of candidacy; and
(f)
if the individual has filed for a partisan office, provide a certified copy of the
declaration of candidacy to the chair of the county or state political party
of
for

which the individual is
a member
seeking nomination
.
(6)
If the candidate elects to sign the pledge of fair campaign practices, the filing officer
shall:
(a)
accept the candidate's pledge; and
(b)
if the candidate has filed for a partisan office, provide a certified copy of the
candidate's pledge to the chair of the county or state political party
of
for
which the
candidate is
a member
seeking nomination
.
(7)
(a)
Except for a candidate for president or vice president of the United States, the
form of the declaration of candidacy shall:
(i)
be substantially as follows:
"State of Utah, County of ____
I, ______________, declare my candidacy for the office of ____, seeking the
nomination of the ____ party. I do solemnly swear, under penalty of perjury, that: I will meet
the qualifications to hold the office, both legally and constitutionally, if selected; I reside at
_____________ in the City or Town of ____, Utah, Zip Code ____ Phone No. ____; I will not
knowingly violate any law governing campaigns and elections; if filing via a designated agent,
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. The mailing address that I designate for receiving official election notices is
___________________________.
____________________________________________________________________
Subscribed and sworn before me this __________(month\day\year).
Notary Public (or other officer qualified to administer oath)."; and
(ii)
require the candidate to state, in the sworn statement described in Subsection
(7)(a)(i)
:
(A)
the registered political party of which the candidate is a member; or
(B)
that the candidate is not a member of a registered political party.
(b)
(7)
An agent designated under Subsection
20A-9-202(1)(c)
20A-9-202(1)(b)
to file a
declaration of candidacy may not sign the form described in
Subsection
(7)(a)
or

Section
20A-9-408.5
.
(8)
(a)
Except for a candidate for president or vice president of the United States, the fee
for filing a declaration of candidacy is:
(i)
$50 for candidates for the local school district board; and
(ii)
$50 plus 1/8 of 1% of the total salary for the full term of office legally paid to the
person holding the office for all other federal, state, and county offices.
(b)
Except for presidential candidates, the filing officer shall refund the filing fee to any
candidate:
(i)
who is disqualified; or
(ii)
who the filing officer determines has filed improperly.
(c)
(i)
The county clerk shall immediately pay to the county treasurer all fees received
from candidates.
(ii)
The lieutenant governor shall:
(A)
apportion to and pay to the county treasurers of the various counties all fees
received for filing of nomination certificates or acceptances; and
(B)
ensure that each county receives that proportion of the total amount paid to the
lieutenant governor from the congressional district that the total vote of that
county for all candidates for representative in Congress bears to the total vote
of all counties within the congressional district for all candidates for
representative in Congress.
(d)
(i)
A person who is unable to pay the filing fee may file a declaration of candidacy
without payment of the filing fee upon a prima facie showing of impecuniosity as
evidenced by an affidavit of impecuniosity filed with the filing officer and, if
requested by the filing officer, a financial statement filed at the time the affidavit
is submitted.
(ii)
A person who is able to pay the filing fee may not claim impecuniosity.
(iii)
(A)
False statements made on an affidavit of impecuniosity or a financial
statement filed under this section shall be subject to the criminal penalties
provided under Sections
76-8-503
and
76-8-504
and any other applicable
criminal provision.
(B)
Conviction of a criminal offense under Subsection
(8)(d)(iii)(A)
shall be
considered an offense under this title for the purposes of assessing the penalties
provided in Subsection
20A-1-609(2)
.
(iv)
The filing officer shall ensure that the affidavit of impecuniosity is printed in substantially
the following form:
"Affidavit of Impecuniosity
Individual Name
____________________________Address_____________________________
Phone Number _________________
I,__________________________(name), do solemnly [swear] [affirm], under penalty of
law for false statements, that, owing to my poverty, I am unable to pay the filing fee required
by law.
Date ______________
Signature________________________________________________ Affiant
Subscribed and sworn to before me on ___________ (month\day\year)
______________________
(signature)
Name and Title of Officer Authorized to Administer Oath
______________________".
(v)
The filing officer shall provide to a person who requests an affidavit of impecuniosity a
statement printed in substantially the following form, which may be included on the affidavit
of impecuniosity:
"Filing a false statement is a criminal offense. In accordance with Section
20A-1-609
, a
candidate who is found guilty of filing a false statement, in addition to being subject to
criminal penalties, will be removed from the ballot."
(vi)
The filing officer may request that a person who makes a claim of impecuniosity
under this Subsection
(8)(d)
file a financial statement on a form prepared by the
election official.
(9)
An individual who fails to file a declaration of candidacy or certificate of nomination
within the time provided in this chapter is ineligible for nomination to office.
(10)
A declaration of candidacy filed under this section may not be amended or modified
after the final date established for filing a declaration of candidacy.
Section 17. Section
20A-9-201.5
is amended to read:
20A-9-201.5
. Declaration of candidacy filing period for a registered political
party.
For a
qualified
registered
political party:
(1)
except as provided in Subsection
(2)
, the filing period to file a declaration of candidacy
for an elective office that is to be filled at the next regular general election:
(a)
begins at 8 a.m. on the first business day in January of an even-numbered year; and
(b)
ends at 5 p.m. on the fifth business day in January of an even-numbered year; and
(2)
for the 2026 election year only, the filing period to file a declaration of candidacy for
the office of United States representative:
(a)
begins at 8 a.m. on March 9, 2026; and
(b)
ends at 5 p.m. on March 13, 2026.
Section 18. 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)
(1)(b)
, 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
:
(A)
during the applicable candidacy filing period
; and
(B)
for an individual seeking the nomination of a primary nominating party,
before the individual circulates nomination petitions under Section
20A-9-202.3
;
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)
(b)
Subject to Subsection
20A-9-201(7)(b)
20A-9-201(7)
, 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)
(c)
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)
(d)
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)
(e)
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
;
(A)
during the applicable candidacy filing period; and
(B)
for an individual seeking the nomination of a primary nominating party,
before the individual circulates nomination petitions under Section
20A-9-405
20A-9-202.3
; 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)
During the applicable
candidacy filing period
, 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)
first Wednesday before the fourth Saturday in April
.
(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:
(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 19. Section
20A-9-402.1
is enacted to read:
20A-9-402.1
. Registered political party candidate nomination process --
Certification of political party's candidate nominating process method.
(1)
Beginning in 2026:
(a)
a registered political party is either a primary nominating party or a convention
nominating party;
(b)
a registered political party that is a primary nominating party:
(i)
shall, except as provided in Subsection
20A-9-202(4)
for a federal presidential
election, nominate the registered political party's candidates to run for office using
the process described in Section
20A-9-402.3
; and
(ii)
may not nominate the registered political party's candidates to run for office using
any process other than the process described in Section
20A-9-402.3
; and
(c)
a registered political party that is a convention nominating party:
(i)
may nominate the registered political party's candidates to run for office in the
regular general election using any lawful process other than the process described
in Section
20A-9-402.3
;
(ii)
may not nominate the registered political party's candidates to run for office using
the process described in Section
20A-9-402.3
; and
(iii)
may not participate in the regular primary election.
(2)
A registered political party that is a continuing political party shall, before 5 p.m. on the
first Monday of October of an odd-numbered year, certify in writing to the lieutenant
governor one of the following:
(a)
that, for the elections in the following year, the registered political party chooses to:
(i)
be a primary nominating party;
(ii)
nominate the registered political party's candidates solely by using the
signature-gathering and primary election process described in Sections
20A-9-402.3
and
20A-9-403
;
(iii)
participate in the regular primary election; and
(iv)
have the party's candidates placed on the regular general election ballot in the
manner described in Subsections
20A-9-402.2(2)
and
20A-6-301(1)(a)
; or
(b)
that, for the elections in the following year, the registered political party chooses to:
(i)
be a convention nominating party;
(ii)
nominate the registered political party's candidates by using a method other than
using the petition and primary election process described in Sections
20A-9-402.3

and
20A-9-403
;
(iii)
not participate in the regular primary election; and
(iv)
have the party's candidates placed on the regular general election ballot in the
manner described in Subsections
20A-9-402.2(3)
and
20A-6-301(1)(b)
.
(3)
A registered political party that makes the certification described in Subsection
(2)(a)

shall include in the written certification:
(a)
the identity of one or more registered political parties whose members may vote for
the registered political party's candidates in the next regular primary election; and
(b)
a statement regarding whether unaffiliated voters may vote for the registered political
party's candidates in the next regular primary election.
(4)
A registered political party that fails to timely make a certification described in
Subsection
(2)
:
(a)
is, by failing to timely make the certification, making the choices described in
Subsection
(2)(b)
; and
(b)
is a convention nominating party for the elections in the year following the
certification deadline.
(5)
A registered political party that makes a certification described in Subsection
(2)
or
(3)

may not change the certification, or the choices made in the certification, until the next
odd-numbered year.
(6)
A registered political party that is not a continuing political party shall make the
certification described in Subsection
(2)
and, if applicable, Subsection
(3)
, at the time
that the registered political party files the petition described in Section
20A-8-103
.
Section 20. Section
20A-9-402.2
is enacted to read:
20A-9-402.2
. Effect of choosing party nomination status.
(1)
(a)
A registered political party that chooses, under Subsection
20A-9-402.1(2)(a)
, to
be a primary nominating party shall participate in the regular primary election
process described in Sections
20A-9-402.3
and
20A-9-403
.
(b)
A registered political party that chooses, under Subsection
20A-9-402.1(2)(b)
or
(4)
,
to be a convention nominating party may not:
(i)
participate in the regular primary election process described in Sections
20A-9-402.3
and
20A-9-403
; or
(ii)
participate in the regular primary election.
(2)
The candidates of a primary nominating party who are, in accordance with Sections
20A-9-402.3
and
20A-9-403
, nominated to advance to the regular general election ballot
shall appear on the general election ballot in association with the name of the primary
nominating party.
(3)
Except as provided in Subsection
(4)
:
(a)
the candidates of a convention nominating party who are, in accordance with Section
20A-9-402.4
, nominated to be placed on the regular general election ballot shall
appear on the ballot without any indication of association with the convention
nominating party; and
(b)
a general election ballot may not include a convention nominating party's name,
symbol, description, or other representation of the convention nominating party.
(4)
A registered political party may, regardless of whether the registered political party is a
primary nominating party or a convention nominating party:
(a)
participate in a presidential primary; and
(b)
have the names of the registered political party's candidates for president and vice
president of the United States appear on a ballot in association with the registered
political party's name.
Section 21. Section
20A-9-402.3
is enacted to read:
20A-9-402.3
. Primary nominating party -- Nomination process -- Filing as a
candidate -- Signature requirements and review - Removal of signatures.
(1)
A primary nominating party shall use the process described in this section and the
primary election process described in Subsection
20A-9-403
to nominate the registered
political party's candidates to run for office.
(2)
Except as provided in Subsection
20A-9-202(4)
for a federal presidential election, a
qualified individual who, under this section, is seeking the nomination of the primary
nominating party for an elective office that is to be filled at the next general election
shall:
(a)
except as provided in Subsection
20A-9-202(1)(c)
, file a declaration of candidacy, in
person, with the filing officer during the declaration of candidacy filing period
described in Section
20A-9-201.5
; and
(b)
pay the filing fee.
(3)
A qualified individual who, under this section, is seeking the nomination of the primary
nominating party for the office of district attorney within a multicounty prosecution
district that is to be filled at the next general election shall:
(a)
except as provided in Subsection
20A-9-202(1)(c)
, file a declaration of candidacy, in
person, with the filing officer during the declaration of candidacy filing period
described in Section
20A-9-201.5
; and
(b)
pay the filing fee.
(4)
A qualified individual who files as a candidate for lieutenant governor as the joint-ticket
running mate of an individual who is nominated by a primary nominating party, under
this section, for the office of governor:
(a)
shall, during the 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; and
(b)
is not required to gather signatures.
(5)
A qualified individual may seek the nomination of a primary nominating party for an
elective office by:
(a)
complying with the requirements described in this section; and
(b)
collecting signatures, on a nomination petition form approved by the lieutenant
governor that complies with Subsection
20A-9-405(3)
, during the period beginning
when the member files a declaration of candidacy and ending at 5 p.m. on the first
Tuesday in April, in the following amounts:
(i)
for a statewide race, 14,000 signatures of registered voters in the state who are
permitted by the primary nominating party to vote for the primary nominating
party's candidates in a regular primary election;
(ii)
for a congressional district race, 3,500 signatures of registered voters who are
residents of the congressional district and are permitted by the primary nominating
party to vote for the primary nominating party's candidates in a regular primary;
(iii)
for a state Senate district race, 1,000 signatures of registered voters who are
residents of the state Senate district and are permitted by the primary nominating
party to vote for the primary nominating party candidates in a regular primary
election;
(iv)
for a state House district race, 500 signatures of registered voters who are
residents of the state House district and are permitted by the primary nominating
party to vote for the primary nominating party's candidates in a regular primary
election;
(v)
for a State Board of Education race, the lesser of:
(A)
1,000 signatures of registered voters who are residents of the State Board of
Education district and are permitted by the primary nominating party to vote
for the primary nominating party's candidates in a regular primary election; or
(B)
3% of the registered voters who are residents of the applicable State Board of
Education district and are permitted by the primary nominating party to vote
for the primary nominating party's candidates in a regular primary election; 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 primary nominating party to vote for the primary nominating party's
candidates in a primary election.
(6)
(a)
The lieutenant governor shall:
(i)
for each district or office described in Subsection
(5)(b)(v)
or
(vi)
, determine the
total number of signatures that must be submitted to meet the percentage
described in Subsection
(5)(b)(v)(B)
or
(vi)
based on the count as it exists on
November 15 of each odd-numbered year; and
(ii)
publish the results of the determination described in Subsection
(6)(a)(i)
no later
than November 30 of each odd-numbered year.
(b)
A registered voter who is otherwise qualified to sign a nomination petition under this
section may sign the nomination petition regardless of whether the voter is an active
voter or an inactive voter.
(7)
(a)
This Subsection
(7)
applies only to the manual candidate qualification process.
(b)
A qualified individual who uses the manual candidate qualification process to seek
the nomination of a primary nominating party shall:
(i)
collect the signatures on a form approved by the lieutenant governor that complies
with Subsection
20A-9-405(3)
, using the same circulation and verification
requirements described in Sections
20A-7-105
and
20A-7-204
; and
(ii)
submit the signatures to the election officer before 5 p.m. on the first Tuesday in
April.
(c)
Upon timely receipt of the signatures described in Subsections
(5)
and
(7)(b)
, the
election officer shall, no later than the earlier of 14 days after the day on which the
election officer receives the signatures, or the first Tuesday in April:
(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
(7)(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, 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)
certify whether each name is that of a registered voter who is qualified to sign the
signature packet.
(d)
(i)
A registered voter who physically signs a form under Subsections
(5)
and
(7)(b)

may have the voter's signature removed from the form by, no later than three
business days after the day on which the member submits the signature form to the
election officer, submitting to the election officer a statement requesting that the
voter's signature be removed.
(ii)
A statement described in Subsection
(7)(d)(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 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.
(8)
(a)
This Subsection
(8)
applies only to the electronic candidate qualification process.
(b)
A qualified individual who uses the electronic candidate qualification process to seek
the nomination of a primary nominating party shall:
(i)
collect signatures in accordance with Section
20A-21-201
; and
(ii)
use 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
(5)
and (8)(b), the
election officer shall, no later than the earlier of 14 days after the day on which the
election officer receives the signatures, or the first Tuesday in April:
(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
(8)(c)(i)
who is not at
least 18 years old to the attorney general and the county attorney.
(9)
Upon timely receipt of the signatures described in Subsections
(5)
and
(7)(b)
, or
Subsections
(5)
and (8)(b), the election officer shall, no later than the first Tuesday in
April, notify a primary nominating party and the lieutenant governor of the name of each
member of the primary nominating party who qualifies for placement on the primary
election ballot to seek the nomination of the primary nominating party under this section.
(10)
A qualified individual who gathers signatures under this section may submit additional
signatures before 5 p.m. on the first Tuesday in April.
(11)
Except as otherwise provided in Section
20A-21-201
, the election officer shall, with
the assistance of the county clerk, as applicable, use the procedures described in Section
20A-1-1002
to verify submitted nomination petition signatures.
(12)
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
provide for the transparent, orderly, and timely submission, verification, and
certification of nomination petition signatures.
Section 22. Section
20A-9-402.4
is enacted to read:
20A-9-402.4
. Convention nominating party -- Nomination process.
(1)
Except as otherwise provided for a federal presidential election, a qualified individual
who, under this section, is seeking the nomination of a convention nominating party of
an elective office that is to be filled at the next general election shall:
(a)
except as provided in Subsection
20A-9-202(1)(c)
, file a declaration of candidacy, in
person, with the filing officer during the declaration of candidacy filing period
described in Section
20A-9-201.5
; and
(b)
pay the filing fee.
(2)
A qualified individual who, under this section, is seeking the nomination of a
convention nominating party for the office of district attorney within a multicounty
prosecution district that is to be filled at the next general election shall:
(a)
except as provided in Subsection
20A-9-202(1)(c)
, file a declaration of candidacy, in
person, with the filing officer during the declaration of candidacy filing period
described in Section
20A-9-201.5
; and
(b)
pay the filing fee.
(3)
A qualified individual who files as a candidate for lieutenant governor as the joint-ticket
running mate of an individual who is nominated by a convention nominating party,
under this section, for the office of governor shall, during the 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.
(4)
A qualified individual may seek the nomination of a convention nominating party for an
elective office by participating in the process established by the convention nominating
party to nominate the convention nominating party's candidates.
(5)
Except as otherwise provided for a federal presidential election, an individual
nominated to run for office by a convention nominating party:
(a)
may not participate in the regular primary election; and
(b)
may participate in the regular general election, only in accordance with this section
and Subsections
20A-9-402.2(3)
and
20A-6-301(1)(b)
.
(6)
A convention nominating party:
(a)
shall, before 5 p.m. on the first Monday after the fourth Saturday in April, certify to
the lieutenant governor the names of each candidate nominated by the convention
nominating party to be placed on the regular general election ballot; and
(b)
may not nominate more than one candidate for each office to be filled at the regular
general election.
Section 23. 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
who are seeking the nomination of a primary nomination party
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
,

as described in this
section,
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)
, 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 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 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)
.
(e)
Notwithstanding any other provision in this Subsection
(3)
, 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)
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)
provide for the use of statistical sampling procedures that:
(A)
filing officers are required to use to verify signatures under Subsection
(3)(d)
;
and
(B)
reflect a bona fide effort to determine the validity of a candidate's entire
submission, using widely recognized statistical sampling techniques; and
(ii)
provide for the transparent, orderly, and timely submission, verification, and
certification of nomination petition signatures.
(g)
(2)
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)
(3)
(a)
Before
the deadline described in Subsection
20A-9-409
(4)(c)
5 p.m. on the
first Wednesday after the fourth Saturday in April
, the lieutenant governor shall

:
(i)
provide to the county clerks:
(i)
(A)
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)
qualified for placement on the primary
election ballot under Section
20A-9-402.3
, 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)
(B)
a list of unopposed candidates for elective office who have been
nominated by a
registered political
primary nominating
party under
Subsection
(5)(c)
(4)(c);
and

(ii)
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
to obtain the nomination of a primary nominating party
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)
(3)(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)
(4)
(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
primary
nominating
party
whose nomination the candidate sought
; 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'
primary nominating
party for those positions.
(c)
(i)
As used in this Subsection
(5)(c)
(4)(c)
, a candidate is "unopposed" if:
(A)
no individual other than the candidate
receives a certification
qualifies for
placement
under Subsection
(3)
for the regular primary election ballot of the
candidate's registered political
primary nominating
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
qualify for placement
under
Subsection
(3)
for the regular primary election of the
candidate's registered
political
primary nominating
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
primary nominating
party is nominated by the
party for that office without appearing on the primary election ballot.
(6)
(5)
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)
(6)
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 24. 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)
in accordance with Section
20A-9-402.2
.
(2)
A candidate for elective office, and the agents 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)
Section
20A-9-202
.
(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;
(d)
the petition shall feature the word "Warning" followed by the following statement in
no less than eight-point, single leaded type: "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.";
(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)
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
shall
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
20A-9-402.3
:
(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 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, submitting to the filing
officer 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 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 25. Section
20A-9-408.5
is amended to read:
20A-9-408.5
. Declaration of candidacy form for qualified political party.
The declaration of candidacy form
described in Sections
20A-9-407
and
20A-9-408
for
an office to be filled at the regular general election
shall:
(1)
be substantially as follows:
"State of Utah, County of ____
I, ______________, declare my intention of becoming a candidate for the office of ____
as a candidate for the ____ party. I do solemnly swear, under penalty of perjury, that: I will
meet the qualifications to hold the office, both legally and constitutionally, if selected; I reside
at _____________ in the City or Town of ____, Utah, Zip Code ____, Phone No. ____; I will
not knowingly violate any law governing campaigns and elections; 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.
The mailing address that I designate for receiving official election notices is
___________________________________________________________________________
___________________________________________________________________________.
Subscribed and sworn before me this __________(month\day\year). Notary Public (or
other officer qualified to administer oath).";
and
(2)
direct the candidate to state, in the sworn statement described in Subsection
(1)
:
(a)
the registered political party of which the candidate is a member
;
or

(b)
that the candidate is not a member of a registered political party; and
(b)
the registered political party whose nomination the candidate seeks.
(3)
direct the candidate to indicate whether the candidate is seeking the nomination using:
(a)
the convention process described in Section
20A-9-407
;
(b)
the signature-gathering process described in Section
20A-9-408
; or
(c)
both processes described in Subsections
(3)(a)
and
(b)
.
Section 26. Section
20A-9-411
is amended to read:
20A-9-411
. Signing multiple nomination petitions.
(1)
An individual who signs a petition, described in Section
20A-9-403
or
20A-9-408
20A-9-402.3
, to nominate a candidate may
not
sign a petition to nominate another
candidate for the same office.
(2)
If an individual signs more than one petition in violation of Subsection
(1)
, the election
officer may only count the signature on the first petition that the election officer reviews
for that office.
Section 27. 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(4)
; 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.
(3)
No
other
names
, other than the names certified under Subsection
(1)
,
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 28. Section
20A-21-101
is amended to read:
20A-21-101
. Definitions.
As used in this chapter:
(1)
"Approved device" means a device described in Subsection
20A-21-201(4)
.
(2)
"Candidate qualification process" means the process, described in Section
20A-9-403

or
20A-9-408
20A-9-202.3
, of gathering signatures to seek the nomination of a
registered political
primary nominating
party.
(3)
"Electronic candidate qualification process" means the same as that term is defined in
Section
20A-9-101
.
(4)
"Electronic initiative process" means the same as that term is defined in Section
20A-7-101
.
(5)
"Electronic referendum process" means the same as that term is defined in Section
20A-7-101
.
(6)
"Manual candidate qualification process" means the same as that term is defined in
Section
20A-9-101
.
(7)
"Petition" means:
(a)
as it relates to the electronic initiative process or the electronic referendum process,
the electronic record that an individual signs to indicate the individual is in favor of
placing the initiative or referendum on the ballot; or
(b)
as it relates to electronic candidate qualification process, the electronic record that an
individual signs to indicate the individual is in favor of placing an individual's name
on the ballot to run for a particular elective office.
(8)
"Signature" means:
(a)
as it relates to a signature gathered for an initiative or referendum, the same as that
term is defined in Section
20A-7-101
; or
(b)
as it relates to a signature gathered for the candidate qualification process, the same
as that term is defined in Section
20A-9-101
.
(9)
"Website" means:
(a)
as it relates to the electronic initiative process or the electronic referendum process,
the website designated by the lieutenant governor for collecting the signatures and
other information relating to the electronic initiative process or the electronic
referendum process; or
(b)
as it relates to the electronic candidate qualification process, a website designated by
the lieutenant governor for collecting the signatures and other information relating to
the electronic candidate qualification process.
Section 29. Section
63G-2-305
is amended to read:
63G-2-305
. Protected records.
The following records are protected if properly classified by a governmental entity:
(1)
trade secrets as defined in Section
13-24-2
if the person submitting the trade secret has
provided the governmental entity with the information specified in Section
63G-2-309
;
(2)
commercial information or nonindividual financial information obtained from a person
if:
(a)
disclosure of the information could reasonably be expected to result in unfair
competitive injury to the person submitting the information or would impair the
ability of the governmental entity to obtain necessary information in the future;
(b)
the person submitting the information has a greater interest in prohibiting access than
the public in obtaining access; and
(c)
the person submitting the information has provided the governmental entity with the
information specified in Section
63G-2-309
;
(3)
commercial or financial information acquired or prepared by a governmental entity to
the extent that disclosure would lead to financial speculations in currencies, securities, or
commodities that will interfere with a planned transaction by the governmental entity or
cause substantial financial injury to the governmental entity or state economy;
(4)
records, the disclosure of which could cause commercial injury to, or confer a
competitive advantage upon a potential or actual competitor of, a commercial project
entity as defined in Subsection
11-13-103(4)
;
(5)
test questions and answers to be used in future license, certification, registration,
employment, or academic examinations;
(6)
records, the disclosure of which would impair governmental procurement proceedings
or give an unfair advantage to any person proposing to enter into a contract or agreement
with a governmental entity, except, subject to Subsections
(1)
and
(2)
, that this
Subsection
(6)
does not restrict the right of a person to have access to, after the contract
or grant has been awarded and signed by all parties:
(a)
a bid, proposal, application, or other information submitted to or by a governmental
entity in response to:
(i)
an invitation for bids;
(ii)
a request for proposals;
(iii)
a request for quotes;
(iv)
a grant; or
(v)
other similar document; or
(b)
an unsolicited proposal, as defined in Section
63G-6a-712
;
(7)
information submitted to or by a governmental entity in response to a request for
information, except, subject to Subsections
(1)
and
(2)
, that this Subsection
(7)
does not
restrict the right of a person to have access to the information, after:
(a)
a contract directly relating to the subject of the request for information has been
awarded and signed by all parties; or
(b)
(i)
a final determination is made not to enter into a contract that relates to the
subject of the request for information; and
(ii)
at least two years have passed after the day on which the request for information
is issued;
(8)
records that would identify real property or the appraisal or estimated value of real or
personal property, including intellectual property, under consideration for public
acquisition before any rights to the property are acquired unless:
(a)
public interest in obtaining access to the information is greater than or equal to the
governmental entity's need to acquire the property on the best terms possible;
(b)
the information has already been disclosed to persons not employed by or under a
duty of confidentiality to the entity;
(c)
in the case of records that would identify property, potential sellers of the described
property have already learned of the governmental entity's plans to acquire the
property;
(d)
in the case of records that would identify the appraisal or estimated value of
property, the potential sellers have already learned of the governmental entity's
estimated value of the property; or
(e)
the property under consideration for public acquisition is a single family residence
and the governmental entity seeking to acquire the property has initiated negotiations
to acquire the property as required under Section
78B-6-505
;
(9)
records prepared in contemplation of sale, exchange, lease, rental, or other compensated
transaction of real or personal property including intellectual property, which, if
disclosed
prior to
before
completion of the transaction, would reveal the appraisal or
estimated value of the subject property, unless:
(a)
the public interest in access is greater than or equal to the interests in restricting
access, including the governmental entity's interest in maximizing the financial
benefit of the transaction; or
(b)
when prepared by or on behalf of a governmental entity, appraisals or estimates of
the value of the subject property have already been disclosed to persons not
employed by or under a duty of confidentiality to the entity;
(10)
records created or maintained for civil, criminal, or administrative enforcement
purposes or audit purposes, or for discipline, licensing, certification, or registration
purposes, if release of the records:
(a)
reasonably could be expected to interfere with investigations undertaken for
enforcement, discipline, licensing, certification, or registration purposes;
(b)
reasonably could be expected to interfere with audits, disciplinary, or enforcement
proceedings;
(c)
would create a danger of depriving a person of a right to a fair trial or impartial
hearing;
(d)
reasonably could be expected to disclose the identity of a source who is not generally
known outside of government and, in the case of a record compiled in the course of
an investigation, disclose information furnished by a source not generally known
outside of government if disclosure would compromise the source; or
(e)
reasonably could be expected to disclose investigative or audit techniques,
procedures, policies, or orders not generally known outside of government if
disclosure would interfere with enforcement or audit efforts;
(11)
records the disclosure of which would jeopardize the life or safety of an individual;
(12)
records the disclosure of which would jeopardize the security of governmental
property, governmental programs, or governmental recordkeeping systems from
damage, theft, or other appropriation or use contrary to law or public policy;
(13)
records that, if disclosed, would jeopardize the security or safety of a correctional
facility, or records relating to incarceration, treatment, probation, or parole, that would
interfere with the control and supervision of an offender's incarceration, treatment,
probation, or parole;
(14)
records that, if disclosed, would reveal recommendations made to the Board of
Pardons and Parole by an employee of or contractor for the Department of Corrections,
the Board of Pardons and Parole, or the Department of Health and Human Services that
are based on the employee's or contractor's supervision, diagnosis, or treatment of any
person within the board's jurisdiction;
(15)
records and audit workpapers that identify audit, collection, and operational procedures
and methods used by the State Tax Commission, if disclosure would interfere with
audits or collections;
(16)
records of a governmental audit agency relating to an ongoing or planned audit until
the final audit is released;
(17)
records that are subject to the attorney client privilege;
(18)
records prepared for or by an attorney, consultant, surety, indemnitor, insurer,
employee, or agent of a governmental entity for, or in anticipation of, litigation or a
judicial, quasi-judicial, or administrative proceeding;
(19)
(a)
(i)
personal files of a state legislator, including personal correspondence to or
from a member of the Legislature; and
(ii)
notwithstanding Subsection
(19)(a)(i)
, correspondence that gives notice of
legislative action or policy may not be classified as protected under this section;
and
(b)
(i)
an internal communication that is part of the deliberative process in connection
with the preparation of legislation between:
(A)
members of a legislative body;
(B)
a member of a legislative body and a member of the legislative body's staff; or
(C)
members of a legislative body's staff; and
(ii)
notwithstanding Subsection
(19)(b)(i)
, a communication that gives notice of
legislative action or policy may not be classified as protected under this section;
(20)
(a)
records in the custody or control of the Office of Legislative Research and
General Counsel, that, if disclosed, would reveal a particular legislator's
contemplated legislation or contemplated course of action before the legislator has
elected to support the legislation or course of action, or made the legislation or course
of action public; and
(b)
notwithstanding Subsection
(20)(a)
, the form to request legislation submitted to the
Office of Legislative Research and General Counsel is a public document unless a
legislator asks that the records requesting the legislation be maintained as protected
records until such time as the legislator elects to make the legislation or course of
action public;
(21)
a research request from a legislator to a legislative staff member and research findings
prepared in response to the request;
(22)
drafts, unless otherwise classified as public;
(23)
records concerning a governmental entity's strategy about:
(a)
collective bargaining; or
(b)
imminent or pending litigation;
(24)
records of investigations of loss occurrences and analyses of loss occurrences that may
be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
Uninsured Employers' Fund, or similar divisions in other governmental entities;
(25)
records, other than personnel evaluations, that contain a personal recommendation
concerning an individual if disclosure would constitute a clearly unwarranted invasion
of personal privacy, or disclosure is not in the public interest;
(26)
records that reveal the location of historic, prehistoric, paleontological, or biological
resources that if known would jeopardize the security of those resources or of valuable
historic, scientific, educational, or cultural information;
(27)
records of independent state agencies if the disclosure of the records would conflict
with the fiduciary obligations of the agency;
(28)
records of an institution of higher education defined in Section
53H-1-101
regarding
tenure evaluations, appointments, applications for admissions, retention decisions, and
promotions, which could be properly discussed in a meeting closed in accordance with
Title
52, Chapter 4
, Open and Public Meetings Act, provided that records of the final
decisions about tenure, appointments, retention, promotions, or those students admitted,
may not be classified as protected under this section;
(29)
records of the governor's office, including budget recommendations, legislative
proposals, and policy statements, that if disclosed would reveal the governor's
contemplated policies or contemplated courses of action before the governor has
implemented or rejected those policies or courses of action or made them public;
(30)
records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
revenue estimates, and fiscal notes of proposed legislation before issuance of the final
recommendations in these areas;
(31)
records provided by the United States or by a government entity outside the state that
are given to the governmental entity with a requirement that they be managed as
protected records if the providing entity certifies that the record would not be subject to
public disclosure if retained by it;
(32)
transcripts, minutes, recordings, or reports of the closed portion of a meeting of a
public body except as provided in Section
52-4-206
;
(33)
records that would reveal the contents of settlement negotiations but not including final
settlements or empirical data to the extent that they are not otherwise exempt from
disclosure;
(34)
memoranda prepared by staff and used in the decision-making process by an
administrative law judge, a member of the Board of Pardons and Parole, or a member of
any other body charged by law with performing a quasi-judicial function;
(35)
records that would reveal negotiations regarding assistance or incentives offered by or
requested from a governmental entity for the purpose of encouraging a person to expand
or locate a business in Utah, but only if disclosure would result in actual economic harm
to the person or place the governmental entity at a competitive disadvantage, but this
section may not be used to restrict access to a record evidencing a final contract;
(36)
materials to which access must be limited for purposes of securing or maintaining the
governmental entity's proprietary protection of intellectual property rights including
patents, copyrights, and trade secrets;
(37)
the name of a donor or a prospective donor to a governmental entity, including an
institution of higher education defined in Section
53H-1-101
, and other information
concerning the donation that could reasonably be expected to reveal the identity of the
donor, provided that:
(a)
the donor requests anonymity in writing;
(b)
any terms, conditions, restrictions, or privileges relating to the donation may not be
classified protected by the governmental entity under this Subsection
(37)
; and
(c)
except for an institution of higher education defined in Section
53H-1-101
, the
governmental unit to which the donation is made is primarily engaged in educational,
charitable, or artistic endeavors, and has no regulatory or legislative authority over
the donor, a member of the donor's immediate family, or any entity owned or
controlled by the donor or the donor's immediate family;
(38)
accident reports, except as provided in Sections
41-6a-404
,
41-12a-202
, and
73-18-13
;
(39)
a notification of workers' compensation insurance coverage described in Section
34A-2-205
;
(40)
subject to Subsections
(40)(g)
and
(h)
, the following records of an institution of higher
education defined in Section
53H-1-101
, which have been developed, discovered,
disclosed to, or received by or on behalf of faculty, staff, employees, or students of the
institution:
(a)
unpublished lecture notes;
(b)
unpublished notes, data, and information:
(i)
relating to research; and
(ii)
of:
(A)
the institution of higher education defined in Section
53H-1-101
; or
(B)
a sponsor of sponsored research;
(c)
unpublished manuscripts;
(d)
creative works in process;
(e)
scholarly correspondence;
and
(f)
confidential information contained in research proposals;
(g)
this Subsection
(40)
may not be construed to prohibit disclosure of public
information required pursuant to Subsection
53H-14-202(2)(a)
or (b); and
(h)
this Subsection
(40)
may not be construed to affect the ownership of a record;
(41)
(a)
records in the custody or control of the Office of the Legislative Auditor General
that would reveal the name of a particular legislator who requests a legislative audit
prior to
before
the date that audit is completed and made public; and
(b)
notwithstanding Subsection
(41)(a)
, a request for a legislative audit submitted to the
Office of the Legislative Auditor General is a public document unless the legislator
asks that the records in the custody or control of the Office of the Legislative Auditor
General that would reveal the name of a particular legislator who requests a
legislative audit be maintained as protected records until the audit is completed and
made public;
(42)
records that provide detail as to the location of an explosive, including a map or other
document that indicates the location of:
(a)
a production facility; or
(b)
a magazine;
(43)
information contained in the statewide database of the Division of Aging and Adult
Services created by Section
26B-6-210
;
(44)
information contained in the Licensing Information System described in Title
80,
Chapter 2
, Child Welfare Services;
(45)
information regarding National Guard operations or activities in support of the
National Guard's federal mission;
(46)
records provided by any pawn or secondhand business to a law enforcement agency or
to the central database in compliance with Title
13, Chapter 32a
, Pawnshop, Secondhand
Merchandise, and Catalytic Converter Transaction Information Act;
(47)
information regarding food security, risk, and vulnerability assessments performed by
the Department of Agriculture and Food;
(48)
except to the extent that the record is exempt from this chapter pursuant to Section
63G-2-106
, records related to an emergency plan or program, a copy of which is
provided to or prepared or maintained by the Division of Emergency Management, and
the disclosure of which would jeopardize:
(a)
the safety of the general public; or
(b)
the security of:
(i)
governmental property;
(ii)
governmental programs; or
(iii)
the property of a private person who provides the Division of Emergency
Management information;
(49)
records of the Department of Agriculture and Food that provides for the identification,
tracing, or control of livestock diseases, including any program established under Title
4, Chapter 24
, Utah Livestock Brand and Anti-Theft Act, or Title
4, Chapter 31
, Control
of Animal Disease;
(50)
as provided in Section
26B-2-709
:
(a)
information or records held by the Department of Health and Human Services related
to a complaint regarding a provider, program, or facility which the department is
unable to substantiate; and
(b)
information or records related to a complaint received by the Department of Health
and Human Services from an anonymous complainant regarding a provider, program,
or facility;
(51)
unless otherwise classified as public under Section
63G-2-301
and except as provided
under Section
41-1a-116
, an individual's home address, home telephone number, or
personal mobile phone number, if:
(a)
the individual is required to provide the information in order to comply with a law,
ordinance, rule, or order of a government entity; and
(b)
the subject of the record has a reasonable expectation that this information will be
kept confidential due to:
(i)
the nature of the law, ordinance, rule, or order; and
(ii)
the individual complying with the law, ordinance, rule, or order;
(52)
the portion of the following documents that contains a candidate's residential or
mailing address, if the candidate provides to the filing officer another address or phone
number where the candidate may be contacted:
(a)
a declaration of candidacy, a nomination petition, or a certificate of nomination,
described in Section
20A-9-201
,
20A-9-202
,

20A-9-202.3
,

20A-9-203
,
20A-9-404
,
20A-9-405
,
20A-9-408
,

20A-9-408.5
,
20A-9-502
, or
20A-9-601
;
or
(b)
an affidavit of impecuniosity, described in Section
20A-9-201
;
or
(c)
a notice of intent to gather signatures for candidacy, described in Section
20A-9-408
;
(53)
the name, home address, work addresses, and telephone numbers of an individual that
is engaged in, or that provides goods or services for, medical or scientific research that is:
(a)
conducted within the state system of higher education, as described in Section
53H-1-102
; and
(b)
conducted using animals;
(54)
in accordance with Section
78A-12-203
, any record of the Judicial Performance
Evaluation Commission concerning an individual commissioner's vote, in relation to
whether a judge meets or exceeds minimum performance standards under Subsection
78A-12-203
(4), and information disclosed under Subsection
78A-12-203
(5)(e);
(55)
information collected and a report prepared by the Judicial Performance Evaluation
Commission concerning a judge, unless Section
20A-7-702
or Title
78A, Chapter 12
,
Judicial Performance Evaluation Commission Act, requires disclosure of, or makes
public, the information or report;
(56)
records provided or received by the Public Lands Policy Coordinating Office in
furtherance of any contract or other agreement made in accordance with Section
63L-11-202
;
(57)
information requested by and provided to the 911 Division under Section
63H-7a-302
;
(58)
in accordance with Section
73-10-33
:
(a)
a management plan for a water conveyance facility in the possession of the Division
of Water Resources or the Board of Water Resources; or
(b)
an outline of an emergency response plan in possession of the state or a county or
municipality;
(59)
the following records in the custody or control of the Office of Inspector General of
Medicaid Services, created in Section
63A-13-201
:
(a)
records that would disclose information relating to allegations of personal
misconduct, gross mismanagement, or illegal activity of a person if the information
or allegation cannot be corroborated by the Office of Inspector General of Medicaid
Services through other documents or evidence, and the records relating to the
allegation are not relied upon by the Office of Inspector General of Medicaid
Services in preparing a final investigation report or final audit report;
(b)
records and audit workpapers to the extent they would disclose the identity of a
person who, during the course of an investigation or audit, communicated the
existence of any Medicaid fraud, waste, or abuse, or a violation or suspected
violation of a law, rule, or regulation adopted under the laws of this state, a political
subdivision of the state, or any recognized entity of the United States, if the
information was disclosed on the condition that the identity of the person be
protected;
(c)
before the time that an investigation or audit is completed and the final investigation
or final audit report is released, records or drafts circulated to a person who is not an
employee or head of a governmental entity for the person's response or information;
(d)
records that would disclose an outline or part of any investigation, audit survey plan,
or audit program; or
(e)
requests for an investigation or audit, if disclosure would risk circumvention of an
investigation or audit;
(60)
records that reveal methods used by the Office of Inspector General of Medicaid
Services, the fraud unit, or the Department of Health and Human Services, to discover
Medicaid fraud, waste, or abuse;
(61)
information provided to the Department of Health and Human Services or the Division
of Professional Licensing under Subsections
58-67-304(3)
and
(4)
and Subsections
58-68-304(3)
and
(4)
;
(62)
a record described in Section
63G-12-210
;
(63)
captured plate data that is obtained through an automatic license plate reader system
used by a governmental entity as authorized in Section
41-6a-2003
;
(64)
an audio or video recording created by a body-worn camera, as that term is defined in
Section
77-7a-103
, that records sound or images inside a hospital or health care facility
as those terms are defined in Section
78B-3-403
, inside a clinic of a health care provider,
as that term is defined in Section
78B-3-403
, or inside a human service program as that
term is defined in Section
26B-2-101
, except for recordings that:
(a)
depict the commission of an alleged crime;
(b)
record any encounter between a law enforcement officer and a person that results in
death or bodily injury, or includes an instance when an officer fires a weapon;
(c)
record any encounter that is the subject of a complaint or a legal proceeding against a
law enforcement officer or law enforcement agency;
(d)
contain an officer involved critical incident as defined in Subsection
76-2-408
(1)(f);
or
(e)
have been requested for reclassification as a public record by a subject or authorized
agent of a subject featured in the recording;
(65)
a record pertaining to the search process for a president of an institution of higher
education described in Section
53H-3-302
;
(66)
an audio recording that is:
(a)
produced by an audio recording device that is used in conjunction with a device or
piece of equipment designed or intended for resuscitating an individual or for treating
an individual with a life-threatening condition;
(b)
produced during an emergency event when an individual employed to provide law
enforcement, fire protection, paramedic, emergency medical, or other first responder
service:
(i)
is responding to an individual needing resuscitation or with a life-threatening
condition; and
(ii)
uses a device or piece of equipment designed or intended for resuscitating an
individual or for treating an individual with a life-threatening condition; and
(c)
intended and used for purposes of training emergency responders how to improve
their response to an emergency situation;
(67)
records submitted by or prepared in relation to an applicant seeking a recommendation
by the Research and General Counsel Subcommittee, the Budget Subcommittee, or the
Legislative Audit Subcommittee, established under Section
36-12-8
, for an employment
position with the Legislature;
(68)
work papers as defined in Section
31A-2-204
;
(69)
a record made available to Adult Protective Services or a law enforcement agency
under Section
61-1-206
;
(70)
a record submitted to the Insurance Department in accordance with Section
31A-37-201
;
(71)
a record described in Section
31A-37-503
;
(72)
any record created by the Division of Professional Licensing as a result of Subsection
58-37f-304(5)
or
58-37f-702(2)(a)(ii)
;
(73)
a record described in Section
72-16-306
that relates to the reporting of an injury
involving an amusement ride;
(74)
except as provided in Subsection
63G-2-305.5(1)
, the signature of an individual on a
political petition, or on a request to withdraw a signature from a political petition,
including a petition or request described in the following titles:
(a)
Title
10, Utah Municipal Code
;
(b)
Title
17, Counties
;
(c)
Title
17B, Limited Purpose Local Government Entities - Special Districts
;
(d)
Title
17D, Limited Purpose Local Government Entities - Other Entities
; and
(e)
Title
20A, Election Code
;
(75)
except as provided in Subsection
63G-2-305.5(2)
, the signature of an individual in a
voter registration record;
(76)
except as provided in Subsection
63G-2-305.5(3)
, any signature, other than a signature
described in Subsection
(74)
or
(75)
, in the custody of the lieutenant governor or a local
political subdivision collected or held under, or in relation to, Title
20A, Election Code
;
(77)
a Form I-918 Supplement B certification as described in Title
77, Chapter 38, Part 5
,
Victims Guidelines for Prosecutors Act;
(78)
a record submitted to the Insurance Department under Section
31A-48-103
;
(79)
personal information, as defined in Section
63G-26-102
, to the extent disclosure is
prohibited under Section
63G-26-103
;
(80)
an image taken of an individual during the process of booking the individual into jail,
unless:
(a)
the individual is convicted of a criminal offense based upon the conduct for which
the individual was incarcerated at the time the image was taken;
(b)
a law enforcement agency releases or disseminates the image:
(i)
after determining that the individual is a fugitive or an imminent threat to an
individual or to public safety and releasing or disseminating the image will assist
in apprehending the individual or reducing or eliminating the threat; or
(ii)
to a potential witness or other individual with direct knowledge of events relevant
to a criminal investigation or criminal proceeding for the purpose of identifying or
locating an individual in connection with the criminal investigation or criminal
proceeding;
(c)
a judge orders the release or dissemination of the image based on a finding that the
release or dissemination is in furtherance of a legitimate law enforcement interest; or
(d)
the image is displayed to a person who is permitted to view the image under Section
17-72-802
;
(81)
a record:
(a)
concerning an interstate claim to the use of waters in the Colorado River system;
(b)
relating to a judicial proceeding, administrative proceeding, or negotiation with a
representative from another state or the federal government as provided in Section
63M-14-205
; and
(c)
the disclosure of which would:
(i)
reveal a legal strategy relating to the state's claim to the use of the water in the
Colorado River system;
(ii)
harm the ability of the Colorado River Authority of Utah or river commissioner to
negotiate the best terms and conditions regarding the use of water in the Colorado
River system; or
(iii)
give an advantage to another state or to the federal government in negotiations
regarding the use of water in the Colorado River system;
(82)
any part of an application described in Section
63N-16-201
that the Governor's Office
of Economic Opportunity determines is nonpublic, confidential information that if
disclosed would result in actual economic harm to the applicant, but this Subsection
(82)

may not be used to restrict access to a record evidencing a final contract or approval
decision;
(83)
the following records of a drinking water or wastewater facility:
(a)
an engineering or architectural drawing of the drinking water or wastewater facility;
and
(b)
except as provided in Section
63G-2-106
, a record detailing tools or processes the
drinking water or wastewater facility uses to secure, or prohibit access to, the records
described in Subsection
(83)(a)
;
(84)
a statement that an employee of a governmental entity provides to the governmental
entity as part of the governmental entity's personnel or administrative investigation into
potential misconduct involving the employee if the governmental entity:
(a)
requires the statement under threat of employment disciplinary action, including
possible termination of employment, for the employee's refusal to provide the
statement; and
(b)
provides the employee assurance that the statement cannot be used against the
employee in any criminal proceeding;
(85)
any part of an application for a Utah Fits All Scholarship account described in Section
53F-6-402
or other information identifying a scholarship student as defined in Section
53F-6-401
;
(86)
a record:
(a)
concerning a claim to the use of waters in the Great Salt Lake;
(b)
relating to a judicial proceeding, administrative proceeding, or negotiation with a
person concerning the claim, including a representative from another state or the
federal government; and
(c)
the disclosure of which would:
(i)
reveal a legal strategy relating to the state's claim to the use of the water in the
Great Salt Lake;
(ii)
harm the ability of the Great Salt Lake commissioner to negotiate the best terms
and conditions regarding the use of water in the Great Salt Lake; or
(iii)
give an advantage to another person including another state or to the federal
government in negotiations regarding the use of water in the Great Salt Lake;
(87)
a consumer complaint described in Section
13-2-11
, unless the consumer complaint is
reclassified as public as described in Subsection
13-2-11(4)
;
(88)
a record of the Utah water agent, appointed under Section
73-10g-702
:
(a)
concerning a claim to the use of waters;
(b)
relating to a judicial proceeding, administrative proceeding, or negotiation with a
representative from another state, a tribe, the federal government, or other
government entity as provided in
Title
73, Ch
apter
10g, Part 7, Utah Water Agent;
and
(c)
the disclosure of which would:
(i)
reveal a legal strategy relating to the state's claim to the use of the water;
(ii)
harm the ability of the Utah water agent to negotiate the best terms and conditions
regarding the use of water; or
(iii)
give an advantage to another state, a tribe, the federal government, or other
government entity in negotiations regarding the use of water; and
(89)
a record created or maintained for an investigation of the Prosecutor Conduct
Commission, created in Section
63M-7-1102
, that contains any personal identifying
information of a prosecuting attorney, including:
(a)
a complaint, or a document that is submitted or created for a complaint, received by
the Prosecutor Conduct Commission; or
(b)
a finding by the Prosecutor Conduct Commission.
Section 30.
Repealer.
Qualified political party -- Requirements and exemptions.
Convention process to seek the nomination of a qualified political
party.
Signature-gathering process to seek the nomination of a qualified
political party -- Removal of signature.
Primary election provisions relating to qualified political party.
Section 31.
Effective Date.
This bill takes effect on
May 6, 2026
.
2-2-26 11:59 AM