reglab/statecodes huggingface dataset:
2023 Utah Code › Title 20A - Election Code › Chapter 7 - Issues Submitted to the Voters › Part 6 - Local Referenda - Procedures › Section 610 - Return and canvass -- Conflicting measures -- Law effective on proclamation.

Effective 5/3/2023
20A-7-610.
Return and canvass -- Conflicting measures -- Law effective on proclamation.
(1) The votes on the law that is the subject of the referendum petition shall be counted, canvassed, and delivered as provided in Title 20A, Chapter 4, Part 3, Canvassing Returns.
(2) After the local board of canvassers completes the canvass, the local clerk shall certify to the local legislative body the vote for and against the law that is the subject of the referendum petition.
(3)
(a) The local legislative body shall immediately issue a proclamation that:
(i) gives the total number of votes cast in the local jurisdiction for and against each law that is the subject of a referendum petition; and
(ii) in accordance with Section 20A-7-611, declares those laws that are the subject of a referendum petition that are approved by majority vote to be in full force and effect as the law of the local jurisdiction.
(b) When the local legislative body determines that two laws, or that parts of two laws approved by the people at the same election are entirely in conflict, the local legislative body shall proclaim to be law the law that received the greatest number of affirmative votes, regardless of the difference in the majorities which those approved laws received.
(4)
(a) Within 10 days after the day on which the local legislative body issues the proclamation described in Subsection (3), any qualified voter residing in the jurisdiction for a law that is declared by the local legislative body to be superseded by another law approved at the same election may bring an action in the appropriate court to review the decision.
(b) The court shall:
(i) consider the matter and decide whether the approved laws are entirely in conflict; and
(ii) issue an order, consistent with the court's decision, to the local legislative body.
(5) Within 10 days after the day on which the court enters an order under Subsection (4)(b)(ii), the local legislative body shall:
(a) proclaim as law all those laws approved by the people that the court determines are not in conflict; and
(b) of all those laws approved by the people as law that the court determines to be in conflict, proclaim as law the one that receives the greatest number of affirmative votes, regardless of the difference in majorities.
Amended by Chapter 107, 2023 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 7 - Issues Submitted to the Voters › Part 6 - Local Referenda - Procedures › Section 611 - Temporary stay -- Effective date -- Effect of repeal by local legislative body.

Effective 5/3/2023
20A-7-611.
Temporary stay -- Effective date -- Effect of repeal by local legislative body.
(1) Any law submitted to the people by referendum petition that is rejected by the voters at any election is repealed as of the date of the election.
(2) If, at the time during the process described in Subsection 20A-7-607(2), the local clerk determines that, at that point in time, an adequate number of signatures are certified to comply with the signature requirements, the local clerk shall:
(a) issue an order temporarily staying the law from going into effect; and
(b) continue the process of certifying signatures and removing signatures as required by this part.
(3) The temporary stay described in Subsection (2) remains in effect, regardless of whether a future count falls below the signature threshold, until the day on which:
(a) if the local clerk declares the referendum petition insufficient, five days after the day on which the local clerk declares the referendum petition insufficient; or
(b) if the local clerk declares the referendum petition sufficient, the day on which the local legislative body issues the proclamation described in Section 20A-7-610.
(4) A law submitted to the people by referendum that is approved by the voters at an election takes effect the later of:
(a) five days after the date of the official proclamation of the vote by the local legislative body; or
(b) the effective date specified in the approved law.
(5) If, after the local clerk issues a temporary stay order under Subsection (2)(a), the local clerk declares the referendum petition insufficient, the law that is the subject of the referendum petition takes effect the later of:
(a) five days after the day on which the local clerk declares the petition insufficient; or
(b) the effective date specified in the proposed law.
(6)
(a) A law approved by the people under this part is not subject to veto.
(b) The local legislative body may amend any laws approved by the people under this part after the people approve the law.
(7) If the local legislative body repeals a law challenged by referendum petition under this part, the referendum petition is void and no further action on the referendum petition is required.
Amended by Chapter 107, 2023 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 7 - Issues Submitted to the Voters › Part 6 - Local Referenda - Procedures › Section 612 - Misconduct of electors and officers -- Penalty.

Effective 5/3/2023
20A-7-612.
Misconduct of electors and officers -- Penalty.
(1) It is unlawful for an individual to:
(a) sign a name other than the individual's own name to any referendum petition;
(b) knowingly sign the individual's name more than once for the same referendum at one election;
(c) knowingly indicate that an individual who signed a referendum petition signed the referendum petition on a date other than the date that the individual signed the referendum petition;
(d) sign a referendum petition knowing that the individual is not a legal voter;
(e) in connection with circulating a referendum petition, represent that a document is an official government document if the individual knows or has reason to know that the document is not an official government document; or
(f) knowingly and willfully violate any provision of this part.
(2) It is unlawful for an individual to sign the verification for a referendum packet, or to electronically sign the verification for a signature under Subsection 20A-21-201(9), knowing that:
(a) the individual does not meet the residency requirements of Section 20A-2-105;
(b) the signature date associated with the individual's signature for the referendum petition is not the date that the individual signed the referendum petition;
(c) the individual has not witnessed the signatures the individual collects or submits; or
(d) one or more individuals whose signatures appear in the referendum packet is not registered to vote in Utah.
(3) It is unlawful for an individual to:
(a) pay an individual to sign a referendum petition;
(b) pay an individual to remove the individual's signature from a referendum petition;
(c) accept payment to sign a referendum petition; or
(d) accept payment to have the individual's name removed from a referendum petition.
(4) A violation of this section is a class A misdemeanor.
(5) The county attorney or municipal attorney shall prosecute any violation of this section.
Amended by Chapter 107, 2023 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 7 - Issues Submitted to the Voters › Part 6 - Local Referenda - Procedures › Section 615 - Electronic referendum process -- Obtaining signatures -- Request to remove signature.

Effective 5/3/2023
20A-7-615.
Electronic referendum process -- Obtaining signatures -- Request to remove signature.
(1) This section applies to the electronic referendum process described in Section 20A-21-201.
(2) A Utah voter may sign a local referendum petition if the voter is a legal voter and resides in the local jurisdiction.
(3) The sponsors shall ensure that the signature-gatherer who collects a signature from an individual:
(a) verifies that the individual is at least 18 years old and meets the residency requirements of Section 20A-2-105; and
(b) is informed that each signer is required to read and understand the law that is the subject of the referendum petition.
(4)
(a) A voter who signs a referendum petition may have the voter's signature removed from the referendum petition by submitting to the county clerk a statement requesting that the voter's signature be removed before 5 p.m. no later than the earlier of:
(i) 30 days after the day on which the voter signs the statement requesting removal; or
(ii) 45 days after the day on which the local clerk posts the voter's name under Subsection 20A-7-616(3).
(b) The statement described in Subsection (4)(a) shall include:
(i) the name of the voter;
(ii) the resident address at which the voter is registered to vote;
(iii) the signature of the voter; and
(iv) the date of the signature described in Subsection (4)(b)(iii).
(c) To increase the likelihood of the voter's signature being identified and removed, the statement described in Subsection (4)(a) may include the voter's birth date or age.
(d) A voter may not submit a signature removal statement described in Subsection (4)(a) by email or other electronic means, unless the lieutenant governor establishes a signature removal process that is consistent with the requirements of this section and Section 20A-21-201.
(e) A person may only remove an electronic signature from a referendum petition in accordance with this section.
(f) A county clerk shall analyze a holographic signature, for purposes of removing an electronic signature from a referendum petition, in accordance with Subsection 20A-1-1003(3).
Amended by Chapter 107, 2023 General Session
Amended by Chapter 116, 2023 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 7 - Issues Submitted to the Voters › Part 6 - Local Referenda - Procedures › Section 616 - Electronic referendum process -- Collecting signatures -- Removal of signatures.

Effective 5/3/2023
20A-7-616.
Electronic referendum process -- Collecting signatures -- Removal of signatures.
(1) This section applies only to the electronic referendum process.
(2) A signature-gatherer may not collect a signature after 5 p.m. 45 days after the day on which the first three sponsors receive notice, under Section 20A-7-602.7 or 20A-7-602.8, that the referendum is legally referable to voters.
(3) The local clerk shall send to each individual who provides a valid email address during the signature-gathering process an email that includes the following:
(a) the subject of the email shall include the following statement, "Notice Regarding Your Petition Signature"; and
(b) the body of the email shall include the following statement in 12-point type:
"You signed a petition for the following referendum:
[insert title of referendum]
To access a copy of the referendum petition, the law that is the subject of the referendum petition, and information on the deadline for removing your signature from the referendum petition, please visit the following link: [insert a uniform resource locator that takes the individual directly to the page on the lieutenant governor's website that includes the information referred to in the email]."
(4) Except as provided in Subsection (5), the county clerk shall, within two business days after the day on which the signature of an individual who signs a referendum petition is certified under Section 20A-21-201, post the name, voter identification number, and date of signature of the individual on the lieutenant governor's website, in a conspicuous location designated by the lieutenant governor, for at least 45 days.
(5)
(a) If the local clerk timely receives a statement requesting signature removal under Subsection 20A-7-615(4), the local clerk shall:
(i) ensure that the voter's name, voter identification number, and date of signature are not included in the posting described in Subsection (4); and
(ii) remove the voter's signature from the referendum petition and the signature totals.
(b) The local clerk shall comply with Subsection (5)(a) before the later of:
(i) the deadline described in Subsection (4); or
(ii) two business days after the day on which the county clerk receives a statement requesting signature removal under Subsection 20A-7-615(4).
Amended by Chapter 107, 2023 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 7 - Issues Submitted to the Voters › Part 7 - Voter Information Pamphlet › Section 701 - Voter information pamphlet to be prepared.

Effective 6/29/2020
20A-7-701.
Voter information pamphlet to be prepared.
(1) The lieutenant governor shall cause to be prepared a voter information pamphlet designed to inform the voters of the state of the content, effect, operation, fiscal impact, and the supporting and opposing arguments of any measure submitted to the voters by the Legislature or by a statewide initiative or referendum petition.
(2) The pamphlet shall also include a separate section prepared, analyzed, and submitted by the Judicial Council describing the judicial selection and retention process.
(3) Voter information pamphlets prepared in association with a local initiative or a local referendum shall be prepared in accordance with the procedures and requirements of Section 20A-7-402.
Amended by Chapter 20, 2020 Special Session 5
2023 Utah Code › Title 20A - Election Code › Chapter 7 - Issues Submitted to the Voters › Part 7 - Voter Information Pamphlet › Section 702.5 - Publication of voter information pamphlet.

Effective 2/11/2022
20A-7-702.5.
Publication of voter information pamphlet.
(1) No earlier than 75 days, and no later than 15 days, before the day on which voting commences, the lieutenant governor shall make all information provided in the voter information pamphlet available on the Statewide Electronic Voter Information Website Program described in Section 20A-7-801.
(2) The lieutenant governor may distribute a voter information pamphlet at a location frequented by a person who cannot easily access the Statewide Electronic Voter Information Website authorized by Section 20A-7-801.
Enacted by Chapter 11, 2022 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 7 - Issues Submitted to the Voters › Part 7 - Voter Information Pamphlet › Section 703 - Impartial analysis of measure -- Determination of fiscal effects.

Effective 5/12/2020
20A-7-703.
Impartial analysis of measure -- Determination of fiscal effects.
(1) The director of the Office of Legislative Research and General Counsel, after the approval of the legislative general counsel as to legal sufficiency, shall:
(a) prepare an impartial analysis of each measure submitted to the voters by the Legislature or by initiative or referendum petition; and
(b) submit the impartial analysis to the lieutenant governor no later than the day that falls 90 days before the date of the election in which the measure will appear on the ballot.
(2) The director shall ensure that the impartial analysis:
(a) is not more than 1,000 words long;
(b) is prepared in clear and concise language that will easily be understood by the average voter;
(c) avoids the use of technical terms as much as possible;
(d) shows the effect of the measure on existing law;
(e) identifies any potential conflicts with the United States or Utah Constitutions raised by the measure;
(f) fairly describes the operation of the measure;
(g) identifies the measure's fiscal effects over the time period or time periods determined by the director to be most useful in understanding the estimated fiscal impact of the proposed law; and
(h) identifies the amount of any increase or decrease in revenue or cost to state or local government.
(3) The director shall analyze the measure as it is proposed to be adopted without considering any implementing legislation, unless the implementing legislation has been enacted and will become effective upon the adoption of the measure by the voters.
(4)
(a) In determining the fiscal effects of a measure, the director shall confer with the legislative fiscal analyst.
(b) The director shall consider any measure that requires implementing legislation in order to take effect to have no financial effect, unless implementing legislation has been enacted that will become effective upon adoption of the measure by the voters.
(5) If the director requests the assistance of any state department, agency, or official in preparing the director's analysis, that department, agency, or official shall assist the director.
Amended by Chapter 277, 2020 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 7 - Issues Submitted to the Voters › Part 7 - Voter Information Pamphlet › Section 706 - Copies of arguments to be sent to opposing authors -- Rebuttal arguments.

Effective 5/14/2019
20A-7-706.
Copies of arguments to be sent to opposing authors -- Rebuttal arguments.
(1) When the lieutenant governor has received the arguments for and against a measure to be submitted to the voters, the lieutenant governor shall immediately send copies of the arguments in favor of the measure to the authors of the arguments against and copies of the arguments against to the authors of the arguments in favor.
(2) The authors may prepare and submit rebuttal arguments not exceeding 250 words, not counting the information described in Subsection 20A-7-705(4)(e).
(3)
(a) The rebuttal arguments shall be filed with the lieutenant governor:
(i) for constitutional amendments and referendum petitions, before 5 p.m. no later than 120 days before the date of the election; and
(ii) for initiatives, before 5 p.m. no later than July 30.
(b) Except as provided in Subsection (3)(d), the authors may not amend or change the rebuttal arguments after they are submitted to the lieutenant governor.
(c) Except as provided in Subsection (3)(d), the lieutenant governor may not alter the arguments in any way.
(d) The lieutenant governor and the authors of a rebuttal argument may jointly modify a rebuttal argument after it is submitted if:
(i) they jointly agree that changes to the rebuttal argument must be made to correct spelling or grammatical errors; and
(ii) the rebuttal argument has not yet been submitted for typesetting.
(4) The lieutenant governor shall ensure that:
(a) rebuttal arguments are printed in the same manner as the direct arguments; and
(b) each rebuttal argument follows immediately after the direct argument which it seeks to rebut.
Amended by Chapter 255, 2019 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 8 - Political Party Formation and Procedures › Part 1 - Formation of Political Parties Recognized by the State › Section 101 - Definitions.

Effective 5/3/2023
20A-8-101.
Definitions.
As used in this chapter:
(1) "Continuing political party" means an organization of voters that:
(a) participated in the last regular general election; and
(b) in at least one of the last two regular general elections, polled a total vote for any of its candidates for any office equal to 2% or more of the total votes cast for all candidates for the United States House of Representatives in the same regular general election.
(2) "County political party" means, for each registered political party, all of the persons within a single county who, under definitions established by the county political party, are members of the registered political party.
(3) "Newly registered political party" means a statewide organization of voters that has complied with the petition and organizing procedures of this chapter to become a registered political party.
(4) "Public institution of higher education" means the same as that term is defined in Section 53B-16-301.
(5) "Registered political party" means an organization of voters that:
(a)
(i) participated in the last regular general election; and
(ii) in at least one of the last two regular general elections, polled a total vote for any of its candidates for any office equal to 2% or more of the total votes cast for all candidates for the United States House of Representatives in the same regular general election; or
(b) has complied with the petition and organizing procedures of this chapter.
(6) "State political party" means, for each registered political party, all of the persons in Utah who, under definitions established by the state political party, are members of the registered political party.
Amended by Chapter 68, 2023 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 8 - Political Party Formation and Procedures › Part 1 - Formation of Political Parties Recognized by the State › Section 102 - Organization of newly registered political parties -- Rights.

20A-8-102.
Organization of newly registered political parties -- Rights.
(1) Any organization of voters whose organization did not participate in the last regular general election, or whose organization polled a total vote equivalent to less than 2% of the total vote cast for all candidates for the United States House of Representatives for any of its candidates in both of the last two regular general elections shall comply with the requirements of this chapter to become a registered political party.
(2)
(a) Unless an organization of registered voters is a registered political party under this chapter, it may not place the names of candidates representing that organization upon the primary and regular general election ballots under the common organization name.
(b) Nothing in this subsection prohibits an organization of voters from qualifying candidates as independent candidates or as write-in candidates.
Amended by Chapter 292, 2012 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 8 - Political Party Formation and Procedures › Part 1 - Formation of Political Parties Recognized by the State › Section 106 - Organization as a political party -- Certification procedures.

Effective 5/14/2019
20A-8-106.
Organization as a political party -- Certification procedures.
(1) Before 5 p.m. no later than March 1 of the regular general election year, the prospective political party's officers or governing board shall file the names of the party officers or governing board with the lieutenant governor.
(2) After reviewing the information and determining that all proper procedures have been completed, the lieutenant governor shall:
(a) issue a certificate naming the organization as a registered political party in Utah and designating its official name; and
(b) inform each county clerk that the organization is a registered political party in Utah.
(3) All election officers and state officials shall consider the organization to be and shall treat the organization as a registered political party.
(4) The newly registered political party shall comply with all the provisions of Utah law governing political parties.
(5)
(a) If the newly registered political party does not hold a national party convention, the governing board of the political party may designate the names of the party's candidates for the offices of President and Vice President of the United States and the names of the party's presidential electors to the lieutenant governor before 5 p.m. no later than August 15.
(b) If the party chooses to designate names, the governing board shall certify those names.
Amended by Chapter 255, 2019 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 8 - Political Party Formation and Procedures › Part 4 - Political Party Procedures › Section 402 - Political party officers -- Submission of names of officers to the lieutenant governor.

Effective 5/14/2019
20A-8-402.
Political party officers -- Submission of names of officers to the lieutenant governor.
(1) Each state political party shall:
(a) designate a party officer to act as liaison with:
(i) the lieutenant governor's office; and
(ii) each county legislative body; and
(b) before 5 p.m. no later than seven days after the day on which the party makes a change in the party liaison, submit the name of the new liaison to the lieutenant governor.
(2) Each state political party and each county political party shall:
(a) submit the name, address, and phone number of each officer to the lieutenant governor within seven days after the officers are selected; and
(b) before 5 p.m. no later than seven days after the day on which the party makes a change in party officers, submit the name, address, and phone number of each new officer to the lieutenant governor.
Amended by Chapter 255, 2019 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 8 - Political Party Formation and Procedures › Part 4 - Political Party Procedures › Section 402.5 - Notification of political convention dates.

Effective 2/28/2022
20A-8-402.5.
Notification of political convention dates.
(1) Before 5 p.m. no later than the first Monday of October of each odd-numbered year, a registered political party shall notify the lieutenant governor of the dates of each political convention that will be held by the registered political party the following year.
(2) If, after providing the notice described in Subsection (1), a registered political party changes the date of a political convention, the registered political party shall notify the lieutenant governor of the change before 5 p.m. no later than one business day after the day on which the registered political party makes the change.
Amended by Chapter 13, 2022 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 8 - Political Party Formation and Procedures › Part 4 - Political Party Procedures › Section 403 - Political parties -- Certification.

20A-8-403.
Political parties -- Certification.
When this title requires that a registered political party certify information to the lieutenant governor, the registered political party has met that requirement if the information is signed by the registered political party's designated liaison or the registered political party's chair.
Enacted by Chapter 182, 1997 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 8 - Political Party Formation and Procedures › Part 4 - Political Party Procedures › Section 404 - Use of public meeting buildings by political parties.

Effective 5/3/2023
20A-8-404.
Use of public meeting buildings by political parties.
(1) The legislative body of a county, municipality, school district, or public institution of higher education shall make all meeting facilities in buildings under its control available to registered political parties, without discrimination, to be used for political party activities if:
(a) the political party requests the use of the meeting facility before 5 p.m. no later than 30 calendar days before the day on which the use by the political party will take place; and
(b) the meeting facility is not already scheduled for another purpose at the time of the proposed use.
(2) Subject to the requirements of Subsection (3), when a legislative body makes a meeting facility available under Subsection (1), it may establish terms and conditions for use of that meeting facility.
(3) The charge imposed for the use of a meeting facility described in Subsection (1) by a registered political party may not exceed the actual cost of:
(a) custodial services for cleaning the meeting facility after the use by the political party; and
(b) any service requested by the political party and provided by the meeting facility.
(4) An entity described in Subsection (1) shall, to the extent possible, avoid scheduling an event in a government building for the same evening as an announced party caucus meeting.
(5) This section does not apply to a publicly owned or operated convention center, sports arena, or other facility at which conventions, conferences, and other gatherings are held and whose primary business or function is to host such conventions, conferences, and other gatherings.
Amended by Chapter 68, 2023 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 9 - Candidate Qualifications and Nominating Procedures › Part 2 - Candidate Qualifications and Declarations of Candidacy › Section 201.5 - Declaration of candidacy filing period for a qualified political party.

Effective 5/3/2023
20A-9-201.5.
Declaration of candidacy filing period for a qualified political party.
(1) In 2022, for a qualified political party, the filing period to file a declaration of candidacy for an elective office that is to be filled at the next regular general election begins at 8 a.m. on February 28, 2022, and ends at 5 p.m. on March 4, 2022.
(2) Beginning on January 1, 2024, for a qualified political party, 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 8:00 a.m. on the later of:
(i) January 2 of the year in which the next regular general election is held; or
(ii) if January 2 is not a business day, the first business day after January 2; and
(b) ends at 5 p.m. on the fourth business day after the day on which the filing period begins.
Amended by Chapter 45, 2023 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 9 - Candidate Qualifications and Nominating Procedures › Part 2 - Candidate Qualifications and Declarations of Candidacy › Section 202.5 - Declaration of candidacy -- Presidential primary election.

Effective 5/14/2019
20A-9-202.5.
Declaration of candidacy -- Presidential primary election.
(1) As used in this section:
(a) "Presidential candidate" means a person seeking nomination for President of the United States from a Utah registered political party.
(b) "Utah registered political party" means a political party that has complied with the requirements of Chapter 8, Political Party Formation and Procedures, to become a political party officially recognized by the state.
(2) Each presidential candidate, or the candidate's designated agent, shall file a declaration of candidacy with the lieutenant governor as provided in Section 20A-9-803, for participation in the presidential primary election.
Amended by Chapter 433, 2019 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 9 - Candidate Qualifications and Nominating Procedures › Part 2 - Candidate Qualifications and Declarations of Candidacy › Section 203.5 - Requirement to post candidate information on website.

Effective 5/10/2016
20A-9-203.5.
Requirement to post candidate information on website.
The clerk of a county or a municipality shall, within three business days after the day on which the clerk accepts a declaration of candidacy, post the following information on the website of the county or municipality:
(1) the name and campaign contact information of the candidate; and
(2) the office that the candidate is seeking.
Enacted by Chapter 48, 2016 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 9 - Candidate Qualifications and Nominating Procedures › Part 2 - Candidate Qualifications and Declarations of Candidacy › Section 204 - Inducements not to become candidate.

20A-9-204.
Inducements not to become candidate.
(1)
(a) It is unlawful for any person to pay or reward, or promise to pay or reward, another in any manner or form for the purpose of inducing that other person to be, or to refrain from or cease being, a candidate.
(b) It is unlawful for any person to solicit any payment, promise, or reward from another for the purpose of inducing that other person to be, or to refrain from or cease being, a candidate.
(2) Any person who violates this section is guilty of a class B misdemeanor.
Enacted by Chapter 1, 1994 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 9 - Candidate Qualifications and Nominating Procedures › Part 2 - Candidate Qualifications and Declarations of Candidacy › Section 207 - Withdrawal of candidacy -- Notice.

Effective 5/3/2023
20A-9-207.
Withdrawal of candidacy -- Notice.
As used in this section:
(1) "Public office" means the offices of governor, lieutenant governor, attorney general, state auditor, state treasurer, state senator, state representative, state school board, or an elective office of a local political subdivision.
(2) "Public office candidate" means a person who files a declaration of candidacy for a public office.
(3) If a public office candidate withdraws as a candidate, the election officer shall:
(a) notify every opposing candidate for the public office that the public office candidate has withdrawn;
(b) send an email notification to each voter who is eligible to vote in the public office race for whom the election officer has an email address informing the voter that the public office candidate has withdrawn and that votes cast for the public office candidate will not be counted;
(c) post notice of the withdrawal on a public website; and
(d) if practicable, remove the public office candidate's name from the ballot.
(4) An election officer may fulfill the requirement described in Subsection (3) in relation to a mailed ballot, including a military or overseas ballot, by including with the ballot a written notice:
(a) informing the voter that the candidate has withdraw; or
(b) directing the voter to a public website to inform the voter whether a candidate on the ballot has withdrawn.
Enacted by Chapter 45, 2023 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 9 - Candidate Qualifications and Nominating Procedures › Part 4 - Primary Elections › Section 401 - Primary elections.

20A-9-401.
Primary elections.
(1) This part shall be construed liberally so as to ensure full opportunity for persons to become candidates and for voters to express their choice.
(2) This part may not be construed to govern or regulate the internal procedures of a registered political party.
Enacted by Chapter 1, 1994 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 9 - Candidate Qualifications and Nominating Procedures › Part 4 - Primary Elections › Section 402 - General requirements for all primary elections.

20A-9-402.
General requirements for all primary elections.
(1) Except as provided in Subsection (2), the lieutenant governor, county clerks, and election judges shall follow the procedures and requirements of this title in administering primary elections.
(2) If there is any conflict between any provision of this part and any other sections in Title 20A, Election Code, this part takes precedence.
Amended by Chapter 3, 1996 Special Session 2
Amended by Chapter 3, 1996 Special Session 2
2023 Utah Code › Title 20A - Election Code › Chapter 9 - Candidate Qualifications and Nominating Procedures › Part 4 - Primary Elections › Section 408.5 - Declaration of candidacy form for qualified political party.

Effective 5/5/2021
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 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).";
(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
(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).
Amended by Chapter 183, 2021 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 9 - Candidate Qualifications and Nominating Procedures › Part 4 - Primary Elections › Section 410 - Rulemaking authority.

Effective 1/1/2015
20A-9-410.
Rulemaking authority.
The director of elections, within the Office of the Lieutenant Governor, shall make rules, in accordance with the provisions of Title 63G, Chapter 3, Utah Administrative Rulemaking Act, relating to procedures for complying with, and verifying compliance with, the candidate nominating process described in this part.
Enacted by Chapter 17, 2014 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 9 - Candidate Qualifications and Nominating Procedures › Part 4 - Primary Elections › Section 411 - Signing multiple nomination petitions.

Effective 5/12/2015
20A-9-411.
Signing multiple nomination petitions.
(1) An individual who signs a petition, described in Section 20A-9-403 or 20A-9-408, 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.
Enacted by Chapter 296, 2015 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 9 - Candidate Qualifications and Nominating Procedures › Part 5 - Candidates not Affiliated with a Party › Section 501 - Candidates not affiliated with a party -- General requirements.

20A-9-501.
Candidates not affiliated with a party -- General requirements.
(1)
(a) Candidates for public office who do not wish to affiliate with a registered political party may obtain a position on the ballot by following the procedures and requirements of this part.
(b) Upon compliance with the provisions of this part, the unaffiliated candidate is entitled to all the rights and subject to all the penalties of candidates selected by a registered political party.
(2) A candidate who has filed a declaration of candidacy may not file a certificate of nomination as an unaffiliated candidate in the same year.
(3) The courts shall construe this part liberally so as to give unaffiliated candidates for public office every reasonable opportunity to make their candidacy effective.
Amended by Chapter 21, 1994 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 9 - Candidate Qualifications and Nominating Procedures › Part 5 - Candidates not Affiliated with a Party › Section 503 - Certificate of nomination -- Filing -- Fees.

Effective 2/27/2023
20A-9-503.
Certificate of nomination -- Filing -- Fees.
(1) Except as provided in Subsection (1)(b), after the certificate of nomination has been certified, executed, and acknowledged by the county clerk, the candidate shall:
(a)
(i) file the petition in person with the lieutenant governor, if the office the candidate seeks is a constitutional office or a federal office, or the county clerk, if the office the candidate seeks is a county office, during the declaration of candidacy filing period described in Section 20A-9-201.5; and
(ii) pay the filing fee; or
(b) not later than the close of normal office hours on June 15 of any odd-numbered year:
(i) file the petition in person with the municipal clerk, if the candidate seeks an office in a city or town, or the special district clerk, if the candidate seeks an office in a special district; and
(ii) pay the filing fee.
(2)
(a) The provisions of this Subsection (2) do not apply to an individual who files a declaration of candidacy for president of the United States.
(b) Subject to Subsections (4)(c) and 20A-9-502(2), an individual may designate an agent to file a declaration of candidacy with the appropriate 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; and
(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.
(3)
(a) At the time of filing, and before accepting the petition, the filing officer shall read the constitutional and statutory requirements for candidacy to the candidate.
(b) If the candidate states that the candidate does not meet the requirements, the filing officer may not accept the petition.
(4)
(a) An individual filing a certificate of nomination for president or vice president of the United States under this section shall pay a filing fee of $500.
(b) Notwithstanding Subsection (1), an individual filing a certificate of nomination for president or vice president of the United States:
(i) may file the certificate of nomination during the declaration of candidacy filing period described in Section 20A-9-201.5; and
(ii) may use a designated agent to file the certificate of nomination.
(c) An agent designated under Subsection (2) or described in Subsection (4)(b)(ii) may not sign the certificate of nomination form.
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 9 - Candidate Qualifications and Nominating Procedures › Part 5 - Candidates not Affiliated with a Party › Section 504 - Unaffiliated candidates -- Governor and president of the United States.

Effective 5/14/2019
20A-9-504.
Unaffiliated candidates -- Governor and president of the United States.
(1)
(a) Each unaffiliated candidate for governor shall, before 5 p.m. no later than July 1 of the regular general election year, select a running mate to file as an unaffiliated candidate for the office of lieutenant governor.
(b) The unaffiliated lieutenant governor candidate shall, before 5 p.m. no later than July 1 of the regular general election year, file as an unaffiliated candidate by following the procedures and requirements of this part.
(2)
(a) Each unaffiliated candidate for president of the United States shall, before 5 p.m. no later than August 15 of a regular general election year, select a running mate to file as an unaffiliated candidate for the office of vice president of the United States.
(b) Before 5 p.m. no later than August 15 of a regular general election year, the unaffiliated candidate for vice president of the United States described in Subsection (2)(a) shall comply with the requirements of Subsection 20A-9-202(7).
Amended by Chapter 255, 2019 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 9 - Candidate Qualifications and Nominating Procedures › Part 6 - Write-in Candidates › Section 602 - Write-in candidacy and voting prohibited in certain circumstances.

20A-9-602.
Write-in candidacy and voting prohibited in certain circumstances.
In elections for county attorney or district attorney that meet the requirements of Subsections 20A-6-302(2) and (3), a person may not file a declaration of candidacy as a write-in candidate under this part and the county clerk may not count any write-in votes received for the office of county or district attorney.
Amended by Chapter 317, 2013 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 9 - Candidate Qualifications and Nominating Procedures › Part 7 - Party Candidates › Section 701 - Certification of party candidates to county clerks -- Display on ballot.

Effective 5/12/2015
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); 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. No other names may appear on the ballot as affiliated with, endorsed by, or nominated by any other registered political party, political party, or other political group.
Amended by Chapter 296, 2015 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 9 - Candidate Qualifications and Nominating Procedures › Part 8 - Presidential Primary Election › Section 801 - Definitions.

Effective 5/14/2019
20A-9-801.
Definitions.
As used in this part, "registered political party" means a political party that has complied with the requirements of Chapter 8, Political Party Formation and Procedures, to become a political party officially recognized by the state.
Amended by Chapter 433, 2019 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 9 - Candidate Qualifications and Nominating Procedures › Part 8 - Presidential Primary Election › Section 802 - Presidential primary election established -- Other ballot items prohibited.

Effective 5/14/2019
20A-9-802.
Presidential primary election established -- Other ballot items prohibited.
(1)
(a) There is established a presidential primary election held on the first Tuesday in March in the year in which a presidential election will be held.
(b) Except as otherwise specifically provided in this chapter, county clerks shall administer the presidential primary election according to the provisions of this title, including:
(i)Chapter 1, General Provisions;
(ii)Chapter 2, Voter Registration;
(iii)Chapter 3a, Voting;
(iv)Chapter 4, Election Returns and Election Contests;
(v)Chapter 5, Election Administration; and
(vi)Chapter 6, Ballot Form.
(c)
(i) The county clerks shall ensure that the ballot voted by the voters at the presidential primary election contains only the names of candidates for President of the United States who have qualified as provided in this part.
(ii) The county clerks may not present any other items to the voters to be voted upon at this election.
(2) Registered political parties, and candidates for President of the United States who are affiliated with a registered political party, may participate in the presidential primary election established by this part.
(3) As a condition for using the state's election system, each registered political party wishing to participate in the presidential primary election held under this section shall:
(a) declare the political party's intent to participate in the presidential primary election;
(b) 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; and
(c) certify that information to the lieutenant governor no later than 5 p.m. on August 10 of the year before the year in which the presidential primary election will be held.
Amended by Chapter 433, 2019 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 9 - Candidate Qualifications and Nominating Procedures › Part 8 - Presidential Primary Election › Section 802.5 - Presidential primary required.

Effective 5/14/2019
20A-9-802.5.
Presidential primary required.
(1) A presidential primary election shall be held under this part each year in which a presidential election will be held.
(2) A registered political party that wishes to nominate a presidential candidate for the general election may participate in a presidential primary election conducted under this part.
(3) The Legislature shall appropriate sufficient funds to administer each presidential primary election conducted under this part.
Renumbered and Amended by Chapter 433, 2019 General Session