20A-9-406. Qualified political party — Requirements and exemptions. The following provisions apply to a qualified political party:
(1)
the qualified political party shall, no later than 5 p.m. on the first Monday of October of each odd-numbered year, certify to the lieutenant governor the identity of one or more registered political parties whose members may vote for the qualified political party’s candidates and whether unaffiliated voters may vote for the qualified political party’s candidates;
Terms Used In Utah Code 20A-9-406
Ballot: means the storage medium, including a paper, mechanical, or electronic storage medium, that records an individual voter's vote. See Utah Code 20A-1-102
Candidates for elective office: means persons who file a declaration of candidacy under Section 20A-9-202 to run in a regular general election for a federal office, constitutional office, multicounty office, or county office. See Utah Code 20A-9-101
Constitutional office: means the state offices of governor, lieutenant governor, attorney general, state auditor, and state treasurer. See Utah Code 20A-9-101
County office: means an elective office where the officeholder is selected by voters entirely within one county. See Utah Code 20A-9-101
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;
Federal office: means an elective office for United States Senator and United States Representative. See Utah Code 20A-9-101
Mechanical ballot: means a record, including a paper record, electronic record, or mechanical record, that:
(a)
is created via electronic or mechanical means; and
(b)
records an individual voter's vote cast via a method other than an individual directly placing a mark, using a pen or other marking instrument, to record an individual voter's vote. See Utah Code 20A-1-102
Multicounty office: means an elective office where the officeholder is selected by the voters from more than one county. See Utah Code 20A-9-101
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
Qualified political party: means a registered political party that:
(a)
(i)
permits a delegate for the registered political party to vote on a candidate nomination in the registered political party's convention remotely; or
(ii)
provides a procedure for designating an alternate delegate if a delegate is not present at the registered political party's convention;
(b)
does not hold the registered political party's convention before the fourth Saturday in March of an even-numbered year;
(c)
permits a member of the registered political party to seek the registered political party's nomination for any elective office by the member choosing to seek the nomination by either or both of the following methods:
(i)
seeking the nomination through the registered political party's convention process, in accordance with the provisions of Section 20A-9-407; or
(ii)
seeking the nomination by collecting signatures, in accordance with the provisions of Section 20A-9-408; and
(d)
(i)
if the registered political party is a continuing political party, no later than 5 p. See Utah Code 20A-9-101
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
an individual may only seek the nomination of the qualified political party by using a method described in Section 20A-9-407, Section 20A-9-408, or both;
(4)
the qualified political party shall comply with the provisions of Sections 20A-9-407, 20A-9-408, and 20A-9-409;
(5)
notwithstanding Subsection 20A-6-301(1)(a), (1)(e), or (2)(a), each election officer shall ensure that a ballot described in Section 20A-6-301 includes each individual nominated by a qualified political party:
(a)
under the qualified political party’s name , if any; or
(b)
under the title of the qualified registered political party as designated by the qualified political party in the certification described in Subsection (1), or, if none is designated, then under some suitable title;
(6)
notwithstanding Subsection 20A-6-302(1)(a), each election officer shall ensure, for ballots in regular general elections, that each candidate who is nominated by the qualified political party is listed by party;
(7)
notwithstanding Subsection 20A-6-304(1)(e), each election officer shall ensure that the party designation of each candidate who is nominated by the qualified political party is displayed adjacent to the candidate’s name on a mechanical ballot;
(8)
“candidates for elective office,” defined in Subsection 20A-9-101(1)(a), also includes an individual who files a declaration of candidacy under Section 20A-9-407 or 20A-9-408 to run in a regular general election for a federal office, constitutional office, multicounty office, or county office;
(9)
an individual who is nominated by, or seeking the nomination of, the qualified political party is not required to comply with Subsection 20A-9-201(1)(c);
(10)
notwithstanding Subsection 20A-9-403(3), the qualified political party is entitled to have each of the qualified political party’s candidates for elective office appear on the primary ballot of the qualified political party with an indication that each candidate is a candidate for the qualified political party;
(11)
notwithstanding Subsection 20A-9-403(4)(a), the lieutenant governor shall include on the list provided by the lieutenant governor to the county clerks:
(a)
the names of all candidates of the qualified political party for federal, constitutional, multicounty, and county offices; and
(b)
the names of unopposed candidates for elective office who have been nominated by the qualified political party and instruct the county clerks to exclude such candidates from the primary-election ballot;
(12)
notwithstanding Subsection 20A-9-403(5)(c), a candidate who is unopposed for an elective office in the regular primary election of the qualified political party is nominated by the party for that office without appearing on the primary ballot; and
(13)
notwithstanding the provisions of Subsections 20A-9-403(1) and (2) and Section 20A-9-405, the qualified political party is entitled to have the names of its candidates for elective office featured with party affiliation on the ballot at a regular general election.
