(1)
Except as provided in section
1-4-104.5
, a primary election shall be held on the last Tuesday in June of even-numbered years to nominate candidates of political parties to be voted for at the succeeding general election. Except as provided by section
1-4-1304
(1.5), only a major political party, as defined in section
1-1-104
(22)
, is entitled to nominate candidates in a primary election.
(2)
(a)
Each political party that is entitled to participate in the primary election must have a separate party ballot for use by electors affiliated with that political party. An elector is not required to vote in the same party primary as the elector voted in as part of a presidential primary election occurring in that same year, if such an election is held.
(b)
The county clerk and recorder shall send to all active electors in the county who have not declared an affiliation a mailing that contains the ballots of all of the major political parties. In this mailing, the clerk shall also provide written instructions advising the elector of the manner in which the elector will be in compliance with the requirements of this code in selecting and casting the ballot of a major political party. An elector may cast the ballot of only one major political party. After selecting and casting a ballot of a single major political party, the elector shall return the ballot to the clerk. If an elector casts and returns to the clerk the ballot of more than one major political party, all such ballots returned will be rejected and will not be counted.
(c)
The secretary of state may by rule adopt additional ballot requirements necessary to avoid voter confusion in voting in primary elections.
(d)
The primary election of all political parties shall be held at the same time and shall be conducted by the same election officials.
(3)
All nominations by major political parties for candidates for United States senator, representative in congress, all elective state, district, and county officers, and members of the general assembly shall be made by primary elections; except that, for general elections occurring after January 1, 2001, nominations by major political parties for candidates for lieutenant governor shall not be made by primary elections and shall be made pursuant to section
1-4-502
(3)
. Neither the secretary of state nor any county clerk and recorder shall place on the official general election ballot the name of any person as a candidate of any major political party who has not been nominated in accordance with the provisions of this article, or who has not been affiliated with the major political party for the period of time required by section
1-4-601
, or who does not meet residency requirements for the office, if any. The information found on the voter registration record of the county of current or previous residence of the person seeking to be placed on the ballot is admissible as prima facie evidence of compliance with this article.
(4)
Except as otherwise provided in this code, all primary elections shall be conducted in the same manner as general elections insofar as the general election provisions are applicable, and the election officers for primary elections have the same powers and shall perform the same duties as those provided by law for general elections.
(5)
All expenses incurred in the preparation or conduct of the primary election shall be paid out of the treasury of the county or state, as the case may be, in the same manner as for general elections.
History
Amended by
2023
Ch.
399
,
§
8
, eff.
6/6/2023
.
Amended by
2017
Ch.
216
,
§
2
, eff.
8/9/2017
.
Amended by 2016 Proposition 108, effective upon proclamation of the Governor, 12/27/2016.
L. 80: Entire article R&RE, p. 321, § 1, effective January 1, 1981. L. 81: (1) amended, p. 307, § 3, effective January 1, 1982. L. 83: (3) amended, p. 350, § 9, effective July 1. L. 85: (1) amended, p. 248, § 4, effective July 1. L. 86: (3) amended, p. 396, § 6, effective April 17. L. 88: (3) amended, p. 293, § 1, effective May 29. L. 89: (3) amended, p. 314, § 2, effective April 12. L. 91: (3) amended, p. 620, § 31, effective May 1. L. 92: Entire part amended, p. 672, § 4, effective January 1, 1993. L. 98: (1) to (3) amended, p. 256, § 4, effective April 13. L. 99: (3) amended, p. 159, § 7, effective August 4. L. 2000: (3) amended, p. 2027, § 1, effective August 2. L. 2003: (1) and (2) amended, p. 1309, § 4, effective April 22. L. 2009: (1) amended,
(HB
09
-1015), ch.
259
, p. 1183
,
§
1
, effective August 5. L. 2010: (3) amended,
(HB
10
-1271), ch.
324
, p. 1501
,
§
1
, effective May 27. L. 2011: (1) amended,
(SB
11
-189), ch.
243
, p. 1062
,
§
3
, effective May 27. L. 2013: (1) and (2) amended, (HB 13-1303), ch. 185, p. 703, § 28, effective May 10. Initiated 2016: (2) amended, Proposition 108, effective upon proclamation of the Governor, December 27, 2016. See L. 2017, p. 2822. L. 2017: IP(2) and (2)(a) amended, (SB 17-305), ch. 216, p. 841, § 2, effective August 9.
Editor's Note
(1) This section is similar to former § 1-14-202 as it existed prior to 1980.
(2) This section was amended by initiative in 2016. The vote count on Proposition 108 at the general election held November 8, 2016, was as follows:
FOR: 1,398,577
AGAINST: 1,227,117
(3) Subsection (2), as amended by Proposition 108 and Senate Bill 17-305, was relettered on revision to conform to statutory format.