Primary Election Amendments

64
10-2a-215
17B-1-306
20A-9-404
0
Primary Election Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Andrew Stoddard
Senate Sponsor: Michael K. McKell
LONG TITLE
General Description:
This bill addresses primary elections.
Highlighted Provisions:
This bill:
provides that a municipality may hold a primary election if the number of candidates for a
municipal office exceeds twice but does not exceed three times the number of
individuals needed to fill that office;
requires a municipality to hold a primary election if the number of candidates for a
municipal office exceeds three times the number of individuals needed to fill that office;
clarifies the circumstances under which a special district may hold a primary election; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
10-2a-215
, as last amended by Laws of Utah 2025, First Special Session, Chapter 6
17B-1-306
, as last amended by Laws of Utah 2025, Chapters 39, 161
20A-9-404
, as last amended by Laws of Utah 2025, Chapter 448
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
10-2a-215
is amended to read:
10-2a-215
. Election of officers of new municipality -- Primary and final election
dates -- Notice of election -- County clerk duties -- Candidate duties -- Occupation of
office.
(1)
For the election of municipal officers, the county legislative body shall:
(a)
unless a primary election is
prohibited
not held
under Subsection
20A-9-404(2)
,
hold a primary election; and
(b)
unless the election may be cancelled in accordance with Section
20A-1-206
, hold a
final election.
(2)
Each election described in Subsection
(1)
shall be held:
(a)
consistent with the petition sponsors' determination of the length of each council
member's initial term; and
(b)
for the incorporation of a city:
(i)
appropriate to the form of government chosen by the voters at the incorporation
election;
(ii)
consistent with the voters' decision about whether to elect city council members
by district and, if applicable, consistent with the boundaries of those districts as
determined by the petition sponsors; and
(iii)
consistent with the sponsors' determination of the number of city council
members to be elected.
(3)
(a)
Subject to Subsection
(3)(b)
, and notwithstanding Subsection
20A-1-201.5(2)
, the
primary election described in Subsection
(1)(a)
shall be held at the earliest of the next:
(i)
regular primary election described in Subsection
20A-1-201.5(1)
; or
(ii)
municipal primary election described in Section
20A-9-404
.
(b)
The county shall hold the primary election, if necessary, on the next election date
described in Subsection
(3)(a)
that is after the incorporation election conducted under
Section
10-2a-210
.
(4)
(a)
Subject to Subsection
(4)(b)
, the county shall hold the final election described in
Subsection
(1)(b)
:
(i)
on the following election date that next follows the date of the incorporation
election held under Subsection
10-2a-210(1)(a)
;
(ii)
a
on the
regular general election described in Section
20A-1-201
; or
(iii)
a
on the
regular municipal general election under Section
20A-1-202
.
(b)
The county shall hold the final election on the earliest of the next election date that is
listed in Subsection
(4)(a)(i)
,
(ii)
, or
(iii)
:
(i)
that is after a primary election; or
(ii)
if there is no primary election, that is at least:
(A)
75 days after the incorporation election under Section
10-2a-210
; and
(B)
65 days after the candidate filing period.
(5)
The county clerk shall provide notice of an election under this section for the future
municipality, as a class A notice under Section
63G-30-102
, for at least two weeks
before the day of the election.
(6)
Until the municipality is incorporated, the county clerk:
(a)
is the election officer for all purposes related to the election of municipal officers;
(b)
may, as necessary, determine appropriate deadlines, procedures, and instructions
related to the election of municipal officers for a new municipality that are not
otherwise contrary to law;
(c)
shall require and determine deadlines for municipal office candidates to file
campaign financial disclosures in accordance with Section
10-3-208
; and
(d)
shall ensure that the ballot for the election includes each office that is required to be
included in the election for officers of the newly incorporated municipality, including
the term of each office.
(7)
An individual who has filed as a candidate for an office described in this section shall
comply with:
(a)
the campaign finance disclosure requirements described in Section
10-3-208
; and
(b)
the requirements and deadlines established by the county clerk under this section.
(8)
Notwithstanding Section
10-3-201
, the officers elected at a final election described in
Subsection
(4)(a)
shall take office:
(a)
after taking the oath of office; and
(b)
at noon on the first Monday following the day on which the election official
transmits a certificate of nomination or election under the officer's seal to each
elected candidate in accordance with Subsection
20A-4-304(6)(b)
.
Section 2. Section
17B-1-306
is amended to read:
17B-1-306
. Special district board -- Election procedures -- Notice.
(1)
Except as provided in Subsection
(12)
, each elected board member shall be selected as
provided in this section.
(2)
(a)
Each election of a special district board member shall be held:
(i)
at the same time as the municipal general election or the regular general election,
as applicable; and
(ii)
at polling places designated by the special district board in consultation with the
county clerk for each county in which the special district is located, which polling
places shall coincide with municipal general election or regular general election
polling places, as applicable, whenever feasible.
(b)
The special district board, in consultation with the county clerk, may consolidate two
or more polling places to enable voters from more than one district to vote at one
consolidated polling place.
(c)
(i)
Subject to Subsections
(5)(h)
and
(i)
, the number of polling places under
Subsection
(2)(a)(ii)
in an election of board members of an irrigation district shall
be one polling place per division of the district, designated by the district board.
(ii)
Each polling place designated by an irrigation district board under Subsection
(2)(c)(i)
shall coincide with a polling place designated by the county clerk under
Subsection
(2)(a)(ii)
.
(3)
(a)
The clerk of each special district with a board member position to be filled at the
next municipal general election or regular general election, as applicable, shall
provide notice of:
(i)
each elective position of the special district to be filled at the next municipal
general election or regular general election, as applicable;
(ii)
the constitutional and statutory qualifications for each position; and
(iii)
the dates and times for filing a declaration of candidacy.
(b)
If the election is to be held at the same time as the municipal general election, a
declaration of candidacy shall be filed between June 1 and June 7 of any
odd-numbered year.
(c)
If the election is to be held at the same time as the regular general election, a
declaration of candidacy shall be filed between June 1 and June 7 of any
even-numbered year.
(4)
The clerk of the special district shall publish the notice described in Subsection
(3)(a)

for the special district, as a class A notice under Section
63G-30-102
, for at least 10 days
before the first day for filing a declaration of candidacy.
(5)
(a)
Except as provided in Subsection
(5)(c)
, to become a candidate for an elective
special district board position, an individual shall file a declaration of candidacy in
person with an official designated by the special district within the candidate filing
period for the applicable election year in which the election for the special district
board is held and:
(i)
during the special district's standard office hours, if the standard office hours
provide at least three consecutive office hours each day during the candidate filing
period that is not a holiday or weekend;
(ii)
if the standard office hours of a special district do not provide at least three
consecutive office hours each day, a three-hour consecutive time period each day
designated by the special district during the candidate filing period that is not a
holiday or weekend; or
(iii)
during the special district's standard office hours if the special district has
adopted a four day standard work week with standard office hours of at least eight
hours each of those days.
(b)
When the candidate filing deadline falls on a Saturday, Sunday, holiday, or a day that
is not a regular business day for the special district
pursuant to
under
Subsection
(5)(a)(iii)
, the filing time shall be extended until the close of normal office hours on
the following regular business day.
(c)
Subject to Subsection
(5)(f)
, an individual may designate an agent to file a
declaration of candidacy with the official designated by the special district if:
(i)
the individual is located outside of the state during the entire filing period;
(ii)
the designated agent appears in person before the official designated by the
special district; and
(iii)
the individual communicates with the official designated by the special district
using an electronic device that allows the individual and official to see and hear
each other.
(d)
(i)
Before the filing officer may accept any declaration of candidacy from an
individual, the filing officer shall:
(A)
read to the individual the constitutional and statutory qualification
requirements for the office that the individual is seeking; and
(B)
require the individual to state whether the individual meets those requirements.
(ii)
If the individual does not meet the qualification requirements for the office, the
filing officer may not accept the individual's declaration of candidacy.
(iii)
If it appears that the individual meets the requirements of candidacy, the filing
officer shall accept the individual's declaration of candidacy.
(e)
The declaration of candidacy shall be in substantially the following form:
"I, (print name) ____________, being first duly sworn, say that I reside at (Street)
____________, City of ________________, County of ________________, state of Utah,
(Zip Code) ______, (Telephone Number, if any)____________; that I meet the qualifications
for the office of board of trustees member for _______________________ (state the name of
the special district); that I am a candidate for that office to be voted upon at the next election;
and that, if filing via a designated agent, I will be out of the state of Utah during the entire
candidate filing period, and I hereby request that my name be printed upon the official ballot
for that election.
(Signed) _________________________________________
Subscribed and sworn to (or affirmed) before me by ____________ on this ______ day
of ____________, ____.
(Signed) ________________________
(Clerk or Notary Public)".
(f)
An agent designated under Subsection
(5)(c)
may not sign the form described in
Subsection
(5)(e)
.
(g)
Each individual wishing to become a valid write-in candidate for an elective special
district board position is governed by Section
20A-9-601
.
(h)
If at least one individual does not file a declaration of candidacy as required by this
section, an individual shall be appointed to fill that board position in accordance with
the appointment provisions of Section
20A-1-512
.
(i)
If only one candidate files a declaration of candidacy and there is no write-in
candidate who complies with Section
20A-9-601
, the board, in accordance with
Section
20A-1-206
, may:
(i)
consider the candidate to be elected to the position; and
(ii)
cancel the election.
(6)
(a)
A primary election
may be held
for a particular local board position or office
may be held only
if:
(i)
the
primary
election is authorized by the special district board; and
(ii)
the number of candidates for
a particular local board position or
the position or

office exceeds twice the number of
persons needed to fill that
individuals needed
to fill that
position or office.
(b)
The
A
primary election
authorized under Subsection
(6)(a)

shall be conducted:
(i)
on the same date as the municipal primary election or the regular primary election,
as applicable; and
(ii)
according to the procedures for primary elections provided under Title 20A,
Election Code.
(7)
(a)
Except as provided in Subsection
(7)(c)
, within one business day after the
deadline for filing a declaration of candidacy, the special district clerk shall certify
the candidate names to the clerk of each county in which the special district is located.
(b)
(i)
Except as provided in Subsection
(7)(c)
and in accordance with Sections
20A-6-109
and
20A-6-110
, the clerk of each county in which the special district is
located and the special district clerk shall coordinate placement of the name of
each candidate for special district office in the nonpartisan section of the ballot
with the appropriate election officer.
(ii)
If consolidation of the special district election ballot with the municipal general
election ballot or the regular general election ballot, as applicable, is not feasible,
the special district board of trustees, in consultation with the county clerk, shall
provide for a separate special district election ballot to be administered by poll
workers at polling places designated under Subsection
(2)
.
(c)
(i)
Subsections
(7)(a)
and
(b)
do not apply to an election of a member of the board
of an irrigation district established under Chapter 2a, Part 5, Irrigation District Act.
(ii)
The board of an irrigation district shall:
(A)
subject to Subsections
(7)(c)(ii)(B)
and
(C)
, establish the form of the ballot for
a board member election;
(B)
ensure that the ballot is in a nonpartisan format; and
(C)
ensure that the name of each candidate is placed on the ballot in accordance
with Sections
20A-6-109
and
20A-6-110
.
(8)
(a)
Each voter at an election for a board of trustees member of a special district shall:
(i)
be a registered voter within the district, except for an election of:
(A)
an irrigation district board of trustees member; or
(B)
a basic special district board of trustees member who is elected by property
owners; and
(ii)
meet the requirements to vote established by the district.
(b)
Each voter may vote for as many candidates as there are offices to be filled.
(c)
The candidates who receive the highest number of votes are elected.
(9)
Except as otherwise provided by this section, the election of special district board
members is governed by Title 20A, Election Code.
(10)
(a)
Except as provided in Subsection
17B-1-303(8)
, a person elected to serve on a
special district board shall serve a four-year term, beginning at noon on the January 1
after the person's election.
(b)
A person elected shall be sworn in as soon as practical after January 1.
(11)
(a)
Except as provided in Subsection
(11)(b)
, each special district shall reimburse
the county or municipality holding an election under this section for the costs of the
election attributable to that special district.
(b)
Each irrigation district shall bear the district's own costs of each election the district
holds under this section.
(12)
This section does not apply to an improvement district that provides electric or gas
service.
(13)
Except as provided in Subsection
20A-3a-605(1)(b)
, the provisions of Title 20A,
Chapter 3a, Part 6, Early Voting, do not apply to an election under this section.
(14)
(a)
As used in this Subsection
(14)
, "board" means:
(i)
a special district board; or
(ii)
the administrative control board of a special service district that has elected
members on the board.
(b)
If a board desires to hold elections for membership on the board at a regular general
election instead of a municipal general election , or at a municipal general election
instead of a regular general election, the board may submit an application to the
lieutenant governor that:
(i)
requests permission to change the election year for membership on the board in a
manner described in this Subsection
(14)(b)
;
(ii)
indicates that a change in the election year is beneficial, based on potential cost
savings, a potential increase in voter turnout, or another material reason; and
(iii)
if a change in the election year may result in shortening a board member's term
of office, indicates that the members of the board unanimously support the
lieutenant governor taking that action.
(c)
Upon receipt of an application described in Subsection
(14)(b)
, the lieutenant
governor may approve the
application
if:
(i)
the lieutenant governor concludes that changing the election year is beneficial
based on the criteria described in Subsection
(14)(b)(ii)
; and
(ii)
for an application that may result in shortening a board member's term of office,
the application satisfies the unanimity requirement described in Subsection
(14)(b)(iii)
.
(d)
If the lieutenant governor approves a board's application described in this section:
(i)
all future elections for membership on the board shall be held at the time of the
general election specified in the application; and
(ii)
the board may not hold elections at the time of an election other than the general
election specified in the application, unless the board receives permission from the
lieutenant governor to change the election under the same procedure, and by
applying the same criteria, described in this Subsection
(14)
.
(15)
(a)
This Subsection
(15)
applies to a special district if:
(i)
the special district's board members are elected by the owners of real property, as
provided in Subsection
17B-1-1402(1)(b)
; and
(ii)
the special district was created before January 1, 2020.
(b)
The board of a special district described in Subsection
(15)(a)
may conduct an
election:
(i)
to fill a board member position that expires at the end of the term for that board
member's position; and
(ii)
notwithstanding Subsection
20A-1-512(1)(a)(i)
, to fill a vacancy in an unexpired
term of a board member.
(c)
An election under Subsection
(15)(b)
may be conducted as determined by the special
district board, subject to Subsection
(15)(d)
.
(d)
(i)
The special district board shall provide to property owners eligible to vote at
the special district election:
(A)
notice of the election; and
(B)
a form to nominate an eligible individual to be elected as a board member.
(ii)
(A)
The special district board may establish a deadline for a property owner to
submit a nomination form.
(B)
A deadline under Subsection
(15)(d)(ii)(A)
may not be earlier than 15 days
after the board provides the notice and nomination form under Subsection
(15)(d)(i)
.
(iii)
(A)
After the deadline for submitting nomination forms, the special district
board shall provide a ballot to all property owners eligible to vote at the special
district election.
(B)
A special district board shall allow at least five days for ballots to be returned.
(iv)
A special district board shall certify the results of an election under this
Subsection
(15)
during an open meeting of the board.
Section 3. Section
20A-9-404
is amended to read:
20A-9-404
. Municipal primary elections.
(1)
(a)
Except as otherwise provided in this section
or Chapter 4, Part 6, Municipal
Alternate Voting Methods Pilot Project
, candidates for municipal office in all
municipalities shall be nominated at a municipal primary election.
(b)
Municipal primary elections shall be held:
(i)
consistent with Section
20A-1-201.5
, on the second Tuesday following the first
Monday in the August before the regular municipal election; and
(ii)
whenever possible, at the same polling places as the regular municipal election.
(c)
Subsections
(3)
through
(5)
do not apply to an election to elect local school board
members under Section
53G-3-302
.
(d)
Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, does not apply
to an election to elect local school board members under Section
53G-3-302
.
(2)
Except as otherwise provided in Chapter 4, Part 6, Municipal Alternate Voting
Methods Pilot Project, if the number of candidates for a particular municipal office does
not exceed twice the number of individuals needed to fill that office, a primary election
for that office may not be held and the candidates are considered nominated.
(2)
If the number of candidates for a particular municipal office:
(a)
does not exceed twice the number of individuals needed to fill that office, a primary
election for the office may not be held and the candidates are considered nominated;
(b)
exceeds twice but does not exceed three times the number of individuals needed to
fill that office, a primary election for the office may be held; or
(c)
exceeds three times the number of individuals needed to file that office, a primary
election for the office shall be held.
(3)
(a)
For purposes of this Subsection
(3)
, "convention" means an organized assembly of
voters or delegates.
(b)
(i)
By ordinance adopted before the May 1 that falls before a regular municipal
election, any third, fourth, or fifth class city or town may exempt itself from a
primary election by providing that the nomination of candidates for municipal
office to be voted upon at a municipal election be nominated by a municipal party
convention or committee.
(ii)
The municipal party convention or committee described in Subsection
(3)(b)(i)

shall be held on or before May 30 of an odd-numbered year.
(iii)
Any primary election exemption ordinance adopted under this Subsection
(3)

remains in effect until repealed by ordinance.
(c)
(i)
A convention or committee may not nominate more than one candidate for each
of the municipal offices to be voted upon at the municipal election.
(ii)
A convention or committee may not nominate an individual who has accepted the
nomination of a different convention or committee.
(iii)
A municipal party may not have more than one group of candidates placed upon
the ballot and may not group the same candidates on different tickets by the same
party under a different name or emblem.
(d)
(i)
On or before May 31 of an odd-numbered year, a convention or committee
shall prepare and submit to the filing officer a certificate of nomination for each
individual nominated.
(ii)
The certificate of nomination shall:
(A)
contain the name of the office for which each individual is nominated, the
name, post office address, and, if in a city, the street number of residence and
place of business, if any, of each individual nominated;
(B)
designate in not more than five words the party that the convention or
committee represents;
(C)
contain a copy of the resolution passed at the convention that authorized the
committee to make the nomination;
(D)
contain a statement certifying that the name of the candidate nominated by the
political party will not appear on the ballot as a candidate for any other
political party;
(E)
be signed by the presiding officer and secretary of the convention or
committee; and
(F)
contain a statement identifying the residence and post office address of the
presiding officer and secretary and certifying that the presiding officer and
secretary were officers of the convention or committee and that the certificates
are true to the best of their knowledge and belief.
(iii)
A candidate nominated by a municipal party convention or committee shall file a
declaration with the filing officer in accordance with Subsection
20A-9-203
(3)
that includes:
(A)
the name of the municipal party or convention that nominated the candidate;
and
(B)
the office for which the convention or committee nominated the candidate.
(e)
A committee appointed at a convention, if authorized by an enabling resolution, may
also make nominations or fill vacancies in nominations made at a convention if the
committee makes the nomination before the deadline for a write-in candidate to file a
declaration of candidacy under Section
20A-9-601
.
(f)
The election ballot shall substantially comply with the form prescribed in Chapter 6,
Part 4, Ballot Form Requirements for Municipal Elections, but the party name shall
be included with the candidate's name.
(4)
(a)
Any third, fourth, or fifth class city or a town may adopt an ordinance before
the

May 1 that falls before the regular municipal election that:
(i)
exempts the city or town from the other methods of nominating candidates to
municipal office provided in this section; and
(ii)
provides for a municipal partisan convention method of nominating candidates as
provided in this Subsection
(4)
.
(b)
(i)
Any party that was a registered political party at the last regular general
election or regular municipal election is a municipal political party under this
section.
(ii)
Any political party may qualify as a municipal political party by presenting a
petition to the city recorder that:
(A)
is signed, with a holographic signature, by registered voters within the
municipality equal to at least 20% of the number of votes cast for all
candidates for mayor in the last municipal election at which a mayor was
elected;
(B)
is filed with the city recorder or town clerk no later than 5 p.m. on the last
business day before the day on which the municipal party holds a convention to
nominate a candidate under this Subsection
(4)
;
(C)
is substantially similar to the form of the signature sheets described in Section
20A-7-303
; and
(D)
contains the name of the municipal political party using not more than five
words.
(iii)
With the assistance of the county clerk, the city recorder or town clerk shall use
the procedures described in Section
20A-1-1002
to determine whether each signer
is a registered voter who is qualified to sign the petition.
(c)
(i)
If the number of candidates for a particular office does not exceed twice the
number of offices to be filled at the regular municipal election, no primary
election for that office shall be held and the candidates are considered to be
nominated.
(ii)
If the number of candidates for a particular office exceeds twice the number of
offices to be filled at the regular municipal election, those candidates for
municipal office shall be nominated at a municipal primary election.
(d)
The clerk shall ensure that the partisan municipal primary ballot is similar to the
ballot forms required by Section
20A-6-401
and, as applicable, Section
20A-6-401.1
.
(e)
After marking a municipal primary ballot, the voter shall deposit the ballot in the
blank ballot box.
(f)
Immediately after the canvass, the election judges shall, without examination, destroy
the tickets deposited in the blank ballot box.
(5)
(a)
A voter who signs a petition under Subsection
(4)(b)(ii)
may have the voter's
signature removed from the petition by, no later than 5 p.m. three business days after
the day on which the petition is filed with the city recorder or town clerk, submitting
to the city recorder or town clerk a statement requesting that the voter's signature be
removed.
(b)
A statement described in Subsection
(5)(a)
shall comply with the requirements
described in Subsection
20A-1-1003(2)
.
(c)
With the assistance of the county clerk and using the procedures described in
Subsection
20A-1-1003(3)
, the city recorder or town clerk shall determine whether to
remove an individual's signature from a petition after receiving a timely, valid
statement requesting removal of the signature.
Section 4.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-2-26 11:19 AM