20A-15-103.  Delegates — Candidacy — Qualifications — Nominating procedures — Removal of petition signature.

(1)  Candidates for the office of delegate to the ratification convention shall be citizens, residents of Utah, and at least 21 years old.

Terms Used In Utah Code 20A-15-103

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Convention: means the political party convention at which party officers and delegates are selected. See Utah Code 20A-1-102
  • 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. See Utah Code 20A-1-102
  • Position: means a square, circle, rectangle, or other geometric shape on a ballot in which the voter marks the voter's choice. See Utah Code 20A-1-102
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • 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 book. See Utah Code 20A-1-102
(2)  Persons wishing to be delegates to the ratification convention shall:

(a)  circulate a nominating petition meeting the requirements of this section; and

(b)  obtain the signature of at least 100 registered voters.

(3) 

(a)  A single nominating petition may nominate any number of candidates up to 21, the total number of delegates to be elected.

(b)  Nominating petitions may not contain anything identifying a candidate’s party or political affiliation.

(c)  Each nominating petition shall contain a written statement signed by each nominee, indicating either that the candidate will:

(i)  vote for ratification of the proposed amendment; or

(ii)  vote against ratification of the proposed amendment.

(d)  A nominating petition containing the names of more than one nominee may not contain the name of any nominee whose stated position in the nominating petition is inconsistent with that of any other nominee listed in the petition.

(4) 

(a)  Candidates shall file their nominating petitions with the lieutenant governor before 5 p.m. no later than 40 days before the proclaimed date of the election.

(b)  Within 10 days after the last day for filing the petitions, the lieutenant governor shall:

(i)  use the procedures described in Section 20A-1-1002 to determine whether a signer is a registered voter;

(ii)  declare nominated the 21 nominees in favor of ratification and the 21 nominees against ratification whose nominating petitions have been signed by the largest number of registered voters;

(iii)  decide any ties by lot drawn by the lieutenant governor; and

(iv)  certify the nominated candidates of each group to the county clerk of each county within the state.

(5) 

(a)  A voter who signs a nomination petition under this section may have the voter’s signature removed from the petition by, no later than three business days after the last day for filing the petitions, submitting to the lieutenant governor 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)  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.

Amended by Chapter 116, 2023 General Session