20A-1-502. Midterm vacancy in office of United States senator.
(1)
Except as provided in Subsections (2) and (3), when a vacancy occurs in the office of United States senator, the governor shall, within seven days after the day on which the vacancy occurs, issue a proclamation calling a special congressional election to fill the vacancy that:
Terms Used In Utah Code 20A-1-502
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
Election officer: means :
(a)
the lieutenant governor, for all statewide ballots and elections;
Municipal general election: means the election held in municipalities and, as applicable, special districts on the first Tuesday after the first Monday in November of each odd-numbered year for the purposes established in Section 20A-1-202. See Utah Code 20A-1-102
Presidential Primary Election: means the election established in 8. See Utah Code 20A-1-102
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
qualified: means to take the oath of office and begin performing the duties of the position for which the individual was elected. See Utah Code 20A-1-102
Regular general election: means the election held throughout the state on the first Tuesday after the first Monday in November of each even-numbered year for the purposes established in Section 20A-1-201. See Utah Code 20A-1-102
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
Vacancy: means :
(a)
except as provided in Subsection (75)(b), the absence of an individual to serve in a position created by state constitution or state statute, whether that absence occurs because of death, disability, disqualification, resignation, or other cause ; or
(b)
in relation to a candidate for a position created by state constitution or state statute, the removal of a candidate due to the candidate's death, resignation, or disqualification. See Utah Code 20A-1-102
(a)
sets a date for a primary congressional special election, and a later date for a general congressional special election, on the same day as one of the following elections:
(i)
a municipal general election;
(ii)
a presidential primary election;
(iii)
a regular primary election; or
(iv)
a regular general election;
(b)
sets the date of the primary congressional special election on the same day as the next election described in Subsections (1)(a)(i) through (iv) that is more than 90 days after the day on which the governor issues the proclamation;
(c)
sets the date of the general special congressional election on the same day as the next election described in Subsection (1)(a) that is more than 90 days after the primary special congressional election described in Subsection (1)(b);
(d)
provides each registered political party that is not a qualified political party at least 21 days, but no more than 28 days, to select one candidate, in a manner determined by the registered political party, as a candidate for the registered political party;
(e)
for each qualified political party, provides at least 21 days, but no more than 28 days:
(i)
for the qualified political party to select one candidate, using the conventionprocess described in Section 20A-9-407, as a candidate for the qualified political party; and
(ii)
for a member of the qualified political party to submit signatures to qualify as a candidate for the qualified political party using the signature-gathering process described in Section 20A-9-408;
(f)
consistent with the requirements of this section, establishes the deadlines, time frames, and procedures for filing a declaration of candidacy, giving notice of an election, and other election requirements; and
The governor may set a date for a primary special congressional election or a general special congressional election on a date other than a date described in Subsection (1)(a) if:
(i)
on the same day on which the governor issues the proclamation described in Subsection (1) the governor calls a special session for the Legislature to appropriate money to hold the election on a different day; or
(ii)
if the governor issues the proclamation described in Subsection (1) on or after January 1, but before the end of the general session of the Legislature, and requests in the proclamation described in Subsection (1) that the Legislature appropriate money to hold the election on a different day.
(b)
If the Legislature does not, under Subsection (2)(a), appropriate money to hold the election on a different day, the proclamation described in Subsection (1) is void and the governor shall, within seven days after the day on which the Legislature declines to appropriate money to hold the election on a different day, issue a proclamation, in accordance with Subsection (1), that sets the special congressional primary and general elections on dates described in Subsections (1)(a)(i) through (iv).
(3)
A special congressional election to fill a vacancy in the office of United States senator will not be held if:
(a)
the next regular general election that occurs after the day on which the vacancy occurs is the regular general election that occurs immediately before the six-year term for the senate office ends; and
(b)
the vacancy occurs after August 1 of the year before the regular general election described in Subsection (3)(a).
(4)
(a)
The governor shall appoint an individual to temporarily fill a vacancy in the office of United States senator from one of three individuals nominated by the Legislature, each of whom is a member of the political party of which the prior officeholder was a member at the time the prior officeholder was elected.
(b)
The individual appointed under Subsection (4)(a) shall serve as United States senator until the earlier of the day on which:
(i)
the vacancy is filled by election under Subsection (1) or (2); or
(ii)
the six-year term for the senate office ends.
(5)
An individual elected to fill a vacancy under this section shall serve until the end of the current term in which the vacancy filled by the election occurs.
(6)
A vacancy in the office of United States senator does not occur unless the senator:
(a)
has left the office; or
(b)
submits an irrevocable letter of resignation to the governor or to the president of the United States Senate.
