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Utah Statutes § 20A-1-501 Candidate vacancies - Procedure for filling

⤴ Up to Part 5: Candidate Vacancy and Vacancy and Temporary Absence in Elected Office

Statute Text

(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) , 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) ; and
(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 Title 20A, 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 Title 20A, Chapter 11, Campaign and Financial Reporting Requirements, or Section 17-16-6.5 .
(7) This section does not apply to a candidate vacancy for a nonpartisan office.

History

Amended by Chapter 234 , 2023 General Session , § 2 , eff. 5/3/2023 .

Amended by Chapter 349 , 2019 General Session , § 4 , eff. 5/14/2019 .

Amended by Chapter 16 , 2016 General Session , § 2 , eff. 3/17/2016 .

Amended by Chapter 17 , 2014 General Session , § 3 , eff. 1/1/2015 .

Amended by Chapter 317 , 2013 General Session , § 1 , eff. 5/14/2013 .

Amended by Chapter 73 , 2012 General Session , § 1 , eff. 5/8/2012 .

Amended by Chapter 366 , 2011 , 2011 General Session

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Prior Versions of This Statute