20A-9-407. Convention process to seek the nomination of a qualifiedpolitical party.
(1)
This section describes the requirements for a member of a qualified political party who is seeking the nomination of a qualified political party for an elective office through the qualified political party’s convention process.
Terms Used In Utah Code 20A-9-407
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
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
Filing officer: means :
(a)
the lieutenant governor, for:
(i)
the office of United States Senator and United States Representative; and
(ii)
all constitutional offices;
(b)
for the office of a state senator, state representative, or the state school board, the lieutenant governor or the applicable clerk described in Subsection (7)(c) or (d);
(c)
the county clerk, for county offices and local school district offices;
(d)
the county clerk in the filer's county of residence, for multicounty offices;
(e)
the city or town clerk, for municipal offices; or
(f)
the special district clerk, for special district offices. See Utah Code 20A-9-101
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
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
(2)
Notwithstanding Subsection 20A-9-201(7)(a), the form of the declaration of candidacy for a member of a qualified political party who is nominated by, or who is seeking the nomination of, the qualified political party under this section shall be substantially as described in Section 20A-9-408.5.
(3)
Notwithstanding Subsection 20A-9-202(1)(a), and except as provided in Subsection 20A-9-202(4), a member of a qualified political party who, under this section, is seeking the nomination of the qualified political party for an elective office that is to be filled at the next general election, shall:
(a)
except as provided in Subsection 20A-9-202(1)(c), file a declaration of candidacy in person with the filing officer during the declaration of candidacy filing period described in Section 20A-9-201.5; and
(b)
pay the filing fee.
(4)
Notwithstanding Subsection 20A-9-202(2)(a), a member of a qualified political party who, under this section, is seeking the nomination of the qualified political party for the office of district attorney within a multicounty prosecution district that is to be filled at the next general election shall:
(a)
file a declaration of candidacy with the county clerk designated in the interlocal agreement creating the prosecution district during the declaration of candidacy filing period described in Section 20A-9-201.5; and
(b)
pay the filing fee.
(5)
Notwithstanding Subsection 20A-9-202(3)(a)(iii), a lieutenant governor candidate who files as the joint-ticket running mate of an individual who is nominated by a qualified political party, under this section, for the office of governor shall, during the declaration of candidacy filing period described in Section 20A-9-201.5, file a declaration of candidacy and submit a letter from the candidate for governor that names the lieutenant governor candidate as a joint-ticket running mate.
(6)
(a)
A qualified political party that nominates a candidate under this section shall certify the name of the candidate to the lieutenant governor before the deadline described in Subsection 20A-9-202(1)(b).
(b)
The lieutenant governor shall include, in the primary ballot certification or, for a race where a primary is not held because the candidate is unopposed, in the general election ballot certification, the name of each candidate nominated by a qualified political party under this section.
(7)
Notwithstanding Subsection 20A-9-701(2), the ballot shall, for each candidate who is nominated by a qualified political party under this section, designate the qualified political party that nominated the candidate.
